Avoiding all conflicts in both your personal and professional life can be extremely difficult. Small conflicts, such as disagreements with a coworker or arguments with a family member, can be easily resolved when given the proper attention. Other issues, however, can be much more involved and require legal action to reach a full resolution. Conflicts that require legal action, whether they are personal or professional, will have to go through a process called litigation to reach their conclusion.
What Is Litigation?
The dictionary definition of litigation, simply put, is taking legal action. Litigation, as defined from the view of the law, is a bit more complicated. The law defines this as the process of two opposing parties using the legal system to resolve their conflict with a legal right.
Many people assume that the terms litigation and lawsuit are interchangeable. However, that is not the case. Lawsuits are a part of the litigation process, but there is much more that goes into it. Litigation includes all the steps that are required to complete a lawsuit, and the process covers a wide range of legal cases. Litigation can be used to resolve individual conflicts, often called civil litigation, as well as professional conflicts, referred to as business or commercial litigation.
Civil Litigation
Civil litigation refers to legal claims that are filed by an individual for events that did not necessarily break criminal law. These cases often involve an individual who has suffered an injury or damage that was the direct result of the actions, or inaction, of another person. Many civil litigation cases will involve personal injuries, such as a car accident or an injury at work. Civil cases are often settled by one party being ordered to pay the other a certain amount of money to compensate for any damages caused.
Business Litigation
Business (sometimes referred to as commercial) litigation involves cases filed by or against a corporation or other business entity rather than an individual. There are a wide variety of reasons that business litigation may be necessary. Employees may file a claim against a business they believe wrongfully terminated them or has not paid them fairly for their work. Business litigation may be necessary to protect trade secrets or recover losses if a nondisclosure agreement is breached. If you are hoping to copyright a certain idea or product, you will benefit from working with experienced copyright attorneys to ensure that your intellectual property is protected. These cases, like civil litigation, are often resolved with monetary settlements rather than jail time.
The Litigation Processes
The process of litigating a claim can be time-consuming and overwhelming. Whether it is civil litigation or business litigation, a stressful situation can ensue. The specifics of each case will differ depending on the claim(s) and defense of the parties involved. However, they will usually follow a general framework.
A claim must be officially filed with the courts to start the litigation process. A copy of this claim is given to the defendant, whom the state of California gives thirty days to respond. Once the claim has been filed, both parties will transition into the discovery phase. This allows them to gather information and evidence, as well as find witnesses for their defense. Once both parties have collected their information, they may move into pre-trial meetings. These allow a settlement to be reached before the case goes to trial.
If both parties cannot reach an agreement, then a motion will be filed. This motion then proceeds to send the case to trial. The verdict will be delivered by a judge or a jury after both sides have argued their case. If one party is not satisfied with the outcome of the trial, they may request an appeal.
FAQs
Q: What does it mean when a claim is litigated?
A: If a claim is litigated, it follows a set legal process to be resolved. There are three major phases of a litigation process, with smaller steps included in each one. First is pleadings, when a lawsuit is filed, and the defendant responds. Next, the discovery phase allows both parties to gather necessary information. The final major phase is the conclusion, which could be a settlement that is reached or the verdict from a trial or appeal.
Q: What is the purpose of litigation in law?
A: From a legal standpoint, litigation is the process of two opposing parties working to enforce a legal right. Despite what many people believe, litigation is not just the act of filing a lawsuit or legal claim. Many steps are involved, many of which do not include time spent in a courtroom. While a lawsuit may play a critical role in the process, litigation is much more involved.
Q: Why would I need business litigation?
A: Business litigation can be used by business owners, customers, and employees. There are many different reasons that you may find yourself in need of business litigation services. Employees may need business litigation to resolve a wage theft dispute. Consumers may utilize business litigation to resolve a class action lawsuit against a large company. Business owners often use business litigation to assist with mergers or as protection for intellectual property.
Q: Why would I need civil litigation?
A: Civil litigation is initiated by an individual rather than a corporation. There are many reasons an individual may choose to pursue civil litigation, but most stem from some type of harm done. The most common types of civil litigation are personal injury, a breach of contract, and disputes surrounding real estate. If you have dealt with any type of loss or damage because of another person’s actions, you may benefit from civil litigation.
As you navigate the legal system when dealing with any type of litigation, it is important to work with attorneys who are experienced and knowledgeable. The team at The Myers Law Group has over eighty years of combined experience to help guide you through your litigation process. Contact us today to get started.