Litigation is the formal process of resolving legal disputes through the court system, involving all the procedures and steps that happen when someone files a lawsuit until the case is finally resolved. This includes everything from initially filing the complaint in court, to exchanging evidence and information between the parties, taking depositions, engaging in settlement negotiations, and potentially going to trial where a judge or jury makes the final decision. Think of litigation as the entire legal journey that begins when informal negotiations fail and someone decides to ask the court to settle their dispute.
In personal injury cases, litigation typically starts when the injured person and the insurance company cannot agree on fair compensation through informal settlement discussions. The litigation process can take months or even years to complete and involves formal procedures like filing legal documents, gathering evidence, questioning witnesses under oath, and following strict court rules and deadlines. While many personal injury cases are settled before reaching trial, the litigation process gives both sides the tools to thoroughly investigate the case and provides leverage during settlement negotiations, since both parties know that a judge or jury will ultimately decide the outcome if they can't reach an agreement on their own.
