Litigation is the process of actually suing someone.  Filing a bodily injury claim, or sending in a demand to the insurance company, or filing a claim is not the same as litigation.  Litigation occurs when you actually file a lawsuit in the courthouse against the other party.  This begins the process of going to trial.  Prior to beginning this process, you should have a long and detailed conversation with your lawyer about what is involved in this process and whether this is the right move for you.  


            Litigation is time-consuming and expensive.  It will require you to provide documents to the other person.  These documents can range from medical bills, records, and tax returns, to job history and employment questionnaires.  Litigation means filing a lawsuit as the first step on the path to getting to a jury. 


            Most personal injury cases do not go all the way to a jury.  Many are settled prior to ever filing in court or beginning the litigation process.  Many of those that do file a lawsuit ultimately are settled prior to going to court, through mediation, arbitration or just negotiation.



Shane Smith
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Advocate for the Seriously Injured in Georgia

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