What Is a Lawsuit?

In certain cases, the attorney will file a lawsuit in court in order to have a judge or jury decide disputes over fault or over plaintiff’s damages. In these situations, even when the case goes to court, settlement negotiations continue. Eventually, if a matter is in litigation and cannot be settled in your best interest, it will have to be tried. A case could be tried to a judge, a jury or an arbitrator. Ultimately, a decision will be rendered concerning who was at fault an the accident, together with whether damages are due and how much they will be. Litigation is complicated, time-consuming and adversarial. Though most cases are settled, each case should be handled as though trial will be necessary. Accordingly, an injured person is well advised to seek the assistance of an attorney who is capable of bring a case to trial and is experienced in trial practice. Litigation is oftentimes a lengthy, frustrating and anxiety-producing process which is best avoided if possible. However, when one is forced to undertake litigation to obtain a reasonable recovery for his or her injuries, patience and an open and cooperative relationship between you and your attorney is essential.