Understanding Litigation in a Personal Injury Case
Hearing that your case is “going to litigation” can sound intimidating, especially if you have never been through the legal process before. Litigation simply means that your attorney will file a lawsuit in court because settlement negotiations have not resolved your claim. It is the formal step that moves your case from pre-suit discussions into the court system.
For many clients, litigation is not a reason to panic. It is often just the next step in protecting your rights when an insurance company refuses to offer a fair settlement.
Why Cases Go to Litigation
There are several reasons your case may move into litigation:
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The insurance company denies liability.
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They dispute the extent of your injuries.
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They delay or make extremely low settlement offers.
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There are complex legal issues that require a judge’s ruling.
Your attorney’s role is to advocate for you in court, present strong evidence, and negotiate when possible. Litigation gives you the opportunity to have your case decided based on the facts and the law, not just the insurance company’s position.
What to Expect During Litigation
Litigation involves multiple stages. While each case is unique, here is the general timeline:
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Filing the Complaint – Your attorney files the lawsuit in court.
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Service of Process – The defendant is formally notified.
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Discovery – Both sides exchange information, documents, and take depositions.
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Motions – Attorneys may ask the court to decide certain issues before trial.
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Mediation or Settlement Talks – Even in litigation, many cases resolve before trial.
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Trial – If no agreement is reached, your case is presented to a judge or jury.
This process can take several months to over a year, depending on court schedules and the complexity of the case.
How to Prepare Yourself
Your attorney will guide you through each step, but you can help strengthen your case by:
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Staying organized and providing all requested documents promptly.
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Avoiding social media posts about your case, injuries, or activities.
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Attending all medical appointments and following your treatment plan.
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Asking questions when you do not understand something.
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Being honest and thorough when discussing your case with your attorney.
Why Hire Fielding Law
At Fielding Law, we understand that litigation can feel overwhelming. Our team will explain the process in plain language, prepare you for each step, and stand beside you in court. We combine legal skill with compassion, ensuring that you feel supported while we work to protect your rights. Whether your case resolves in negotiations or goes to trial, we are committed to pursuing the best possible outcome for you.
If you have been injured due to someone else’s negligence and have questions about litigation, call 833.88.SHARK for a free no-obligation consultation.
Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.
