Litigation is the term used when someone is legally asserting a lawsuit. Asserting that claim, however, is when the claim goes into litigation. In a Washington State personal injury claim for example, this would be done to monetarily recover for damages caused due to the negligence of someone else.
Often times people associate the term litigation with a “lawsuit”. Though similar, they are actually separate concepts. Litigation involves all that takes place before starting a lawsuit, as well as the lawsuit itself. Though not technically part of the lawsuit process, appeals also fall under litigation. In other words, lawsuits are actual legal claims. Litigations are the process of a lawsuit and beyond. Mediation, arbitration, and other alternative dispute resolution methods all fall under litigation as well.
When Would Litigation Start In My Case?
The Litigation process starts when someone decides they want to assert their rights in court. The smart choice for most people when this happens, would be to speak with an experienced attorney. Someone who knows and understands the complicated legal process. We would never advise you to attempt to represent yourself in court. This is mostly because there are hundreds of pitfalls and procedures that must be followed precisely. Courts do not typically show lenience to someone who is representing themselves. This is done as a matter of fairness, since all parties should be held to the same standard. Failing to adhere to the various technical or procedural protocols can result in significantly harming or losing your case.
Before a lawsuit is filed, experienced attorneys in an injury case will try to negotiate with the insurance company before filing a lawsuit. The reason for this is because the further along in a lawsuit you are, the more the costs and court fees will add up. Negotiating a fair settlement prior to filing a lawsuit can offer huge cost savings to the client as well as other advantages (like not having to be interviewed by an attorney in a deposition). Typically, experienced attorneys will engage in various methods of “building a case” prior to filing a lawsuit. This helps to prepare the attorney and client in case litigation is needed, and also can strengthen the client’s position when the attorney negotiates with the insurance adjuster.
If you are thinking about litigating following an auto accident, the team at Premier Law Group can help. With decades of experience, our expert auto accident lawyers have litigated on behalf of hundreds of people. If you have any questions, or want to schedule a FREE consultation, call 206-285-1743. We would be happy to speak with you!