How Litigation Cases Are Formed

Litigation word cloudLitigation cases are where a lawsuit was the only option after exhausting the other legal options regarding a dispute. Litigation cases can come in many forms such as an eviction proceeding or an automobile accident. There can be several outcomes of a litigation case, but most of them do not see the inside of a courtroom for a final ruling. Instead, they are settled outside of court through attorneys and other processes.

Demand Letters and Attorneys

Although you can complete the process of sending the demand letters and other steps for your case by yourself, it is recommended that you hire a lawyer immediately upon the situation occurring. The lawyer will be able to send out a demand letter to the other party stating the terms and settlement agreements that you and your lawyer have decided upon. Once the party reads the letter they can accept, reject, or do nothing at all. They can also send a rebuttal letter to lower your demands of them. If they do nothing at all or reject without a rebuttal, chances are the litigation process will begin.

Filing the Lawsuit

When the dispute occurs and negotiations and conversations have gone as far as they are able to go, it’s time to consider filing a lawsuit. Filing a lawsuit can be troublesome without the help of an attorney, but it can be done. There are certain legal stipulations and requirements that must be met before filing a lawsuit. The proper documents must be presented and one wrong move can cause the entire lawsuit to fail. Therefore, filing a lawsuit should be done through the consultation of a lawyer.

What Happens Next?

Normally, your lawyer can direct you to what will happen next, but in the event of a litigation both parties will sit down and share documents and other information pertaining to the case, in their favor. This will help to determine if the parties need to go to court or can settle outside of court. If there is still no negotiations made, the next step would include motions, trials, and appeals of the case.

The time frame between the start of the filing process and the end results of the settlement or appeals can take several years to come to an end, especially without the assistance of an attorney. Judge and jury can both be present at the time of a trail and the decision made can always be appealed by the person being sued.

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