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What is Litigation?

The legal process of filing a lawsuit is referred to as litigation. It involves two or more parties enforcing a legal claim for monetary damages or defending a legal right.

Despite the fact that the terms “lawsuit” and “litigation” are frequently used interchangeably, they are actually slightly different ideas. Litigation refers to both the actions taken prior to filing a lawsuit as well as the actual lawsuit process. Although technically not a part of the litigation process, the appeals process also falls under the legal definition of litigation.

A legal claim is more accurately described as a lawsuit, while litigation refers to the entire process of filing a lawsuit and any additional steps that may be necessary. When we talk about litigation, we’re also referring to alternative methods of conflict resolution, such as mediation and arbitration.

When Does Litigation Start?

When a party decides to assert their rights, litigation starts. For many people, seeking legal advice to decide what to do following an incident like a rear-end collision is the first step in that process. 

The following are examples of what is included in pre-lawsuit litigation:

  • Having discussions with an insurance company regarding the possibility of a settlement
  • Writing demand letters
  • Putting someone else in the position of having to compensate you for your losses following an accident and demanding that they do so

There are instances in which mediation and other forms of informal dispute resolution take place prior to the filing of a lawsuit.

If you have been involved in an accident or have a disagreement with another party, the first thing you should do is talk to the staff at The Brown Frim about the possibility of initiating the litigation process. We are able to assist you in determining whether filing a lawsuit or taking some other action will serve your needs more effectively.

Contact us to schedule a free consultation today. 

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