Litigation

What is Litigation?

Litigation is the process of resolving a legal dispute between two or more parties in court. Unlike criminal cases, which are brought by the state to punish a crime, civil cases involve one party (the plaintiff) suing another (the defendant) to seek money damages or a specific performance. The goal is to "make the plaintiff whole" by compensating them for a harm or loss they suffered.

Common Examples of Litigation:

  1. Personal Injury Claims: Cases where someone is injured due to another party's negligence, such as in a car accident or a slip and fall.

  2. Breach of Contract: When one party fails to fulfill their obligations under a legally binding agreement.

  3. Landlord/Tenant Disputes: Disagreements over issues like evictions, security deposits, or unsafe living conditions.

  4. Property Disputes: Conflicts between individuals or companies over ownership, boundaries, or use of real estate.

  5. Divorce and Family Law: Legal actions related to divorce, child custody, and support arrangements.

Litigation FAQs

  • The process begins when the plaintiff files a "complaint" with the appropriate court. This document officially details the plaintiff's claims against the defendant and what remedy they are seeking.

  • No, most civil cases never reach a trial. The vast majority are resolved beforehand through negotiations, mediation, or a formal settlement agreement between the parties.

  • A settlement is an out-of-court agreement between the opposing parties that resolves the dispute, usually involving a payment of money. Once a case is settled, it is officially closed and cannot be brought to court again.

  • The duration of a lawsuit can vary significantly based on its complexity and the court's schedule. Simple cases might be resolved in a few months, while more complicated litigation can take several years to conclude.take several years to conclude.

  • While you have the right to represent yourself, court procedures and rules of evidence are very complex. Hiring an experienced attorney is highly advisable to protect your rights and effectively argue your case.