What is litigation in an injury case?

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As a Personal Injury Attorney in Austin I am often asked what is litigation in a personal injury case. The definition of litigation is the process of taking legal action. The litigation process is split up into multiple phases. There is pre-suit litigation, pre-trial litigation, then the trial itself.

Pre-suit litigation is where we gather all of your medical records, summarize them into a “demand letter” showing your injury and how the other party is responsible, and submit the demand letter to the insurance company. We negotiate with the insurance company during this phase but they are not legally obligated to turn over evidence we request until we file the lawsuit in court.

Once the lawsuit is filed the case progresses in the pre-trial phase. The pre-trial phase is where we file discovery motions, conduct depositions, and gather all other information relevant to the case. We continue to negotiate in this phase but if we are unable to reach an agreement the case will progress towards a trial.

The final area of litigation is the trial. The trial is where each side puts on the evidence to the jury. The jury then determines if the defendant is liable, and if liable, how much they must pay the plaintiff.

Of course, we understand that many of our clients do not want to go to trial. Many cases do not go to trial but by focusing on where the case may end it allows us to negotiate for you to be properly compensated.

If you want to find out an idea of the value of your claim, call our office at 512-991-1111, for a free consultation to discuss your case.

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