Litigation in the most basic sense is the process of taking legal action. It involves two opposing parties that eventually settle out of court or they air their grievances in court to have their fate be determined by a jury or a judge. Litigation is not just a lawsuit. Litigation includes the entire process from pre-suit negotiations, arbitrations, facilitations and eventually going to court.
Most of them time, litigation begins when someone hires an attorney to either defend or enforce their legal right. Once hiring an attorney, the next phase is called investigation where attorneys hire their own investigators to explore the facts of the case. After that during the pre-suit negotiation is when most parties settle out of court to avoid the long term expenses of a lawsuit.
If they end up in a lawsuit, there are three phases: Discovery, Trial and Post-Trial. Discovery is an exchange of information between both parties involved, the Trial is exactly what you imagine and have seen on TV and the Post-Trial is the sentencing, exchanging of monetary value, and if the losing party is unhappy filing an appeal.
The goal of this blog it to help everyone understand the limitation process, the steps to filing a lawsuit and specific Pennsylvania laws. Should you have anything to add, feel free to contact us!