Most people know what litigation is, but it’s a term that non-lawyers would struggle to understand. It can be a complicated process, depending on the circumstances. Litigation, in its simplest form, is the process by which a dispute is taken through all the necessary procedures before it reaches a court.
Conflicting parties that are unable to reach an agreement about the outcome of their dispute will go to solicitors to help them resolve it. If they are still unable to come to an agreement, their case may be brought before a court for resolution. This term is used to describe a variety of cases and subjects with many different aspects and processes.
The following are some of the most common areas where litigation occurs:
Contract disputes
Professional negligence
Will disputes
Boundary disputes
Medical Negligence and Personal Injury Claims
Employment disputes
Prior to any legal process, it is important to assess the situation. This includes determining the desired outcome or outcomes. This is the research phase and examines what the claimant wants to achieve, the ways in which this can be accomplished and the chances of success. This can’t be guaranteed, but it does require an honest assessment.
This stage also looks at the key elements of a claim, from the evidence to the key figures. All of this must be weighed against the possible costs, so that the client knows what costs may be involved. It is also important to look at other ways to resolve the conflict before the legal process begins. This is because courts will not be lenient towards parties who do not exhaust all options to settle the dispute before filing a lawsuit. For Litigation Funding, contact novo-modo.co.uk/litigation-funding
The claimant must inform the defendant that they intend to file a claim once they have decided there is sufficient evidence. The defendant has the chance to deny or admit liability before the claimant proceeds with the claim.
