So You Are Involved in a Lawsuit, What Happens Next?

Jonathan J. Wade

Litigation is defined as a lawsuit, or a legal action, including all proceedings therein. To litigate a case means to settle a dispute or seek relief in a court of law. It is a judicial contest, hence, any controversy that must be decided upon evidence in a court of law. It means to prosecute or defend by pleadings, evidence, and debate in a court. However, because you hire a lawyer to help you settle a dispute does not mean you have entered into a lawsuit.

Typically an individual contacts a lawyer when they are unable to resolve a dispute themselves. Once a lawyer has been hired there are numerous avenues that can be used to settle the dispute without the need for litigation. Typically, lawyers are able to settle disputes through settlement negotiations. This is true for all types of disputes including, but not limited to, personal injury, domestic relations, business law, contract disputes, debt collection and many others. Lawyers are often able to remove the emotions from a situation that cause individuals involved personally to hit unpassable obstacles in solving disputes themselves. Settlement negotiations can continue for various periods of time, depending a certain factors including the statute of limitations set for your type of dispute. Most actions are governed by some sort of fixed time period in which litigation must commence. These time limits are set by the legislature. It is important to remember that a case can still settle without the need for a court hearing after the case has been filed.

To initiate a lawsuit a document called a complaint is filed with the Clerk of the Court in the appropriate jurisdiction. At this point the person filing the lawsuit becomes known as the Plaintiff or Petitioner. The individual being sued becomes known as the Defendant or Respondent. It is the Plaintiffs responsibility to ensure that the Defendant is served with the lawsuit. This can be accomplished through the Sheriffs office, the County Marshall, or by individual process servers who have been appointed by the court. Once served, the Defendant files an answer, responding to the allegations in the complaint. A period of discovery commences in which both sides are afforded the opportunity to develop their case by gathering relevant information that was not accessible to them prior to the lawsuit being filed. Once discovery has ended the case is placed on a trial calendar and the parties wait for a trial date to be set. Throughout all of this, a settlement can still occur and the need to go to court can be avoided.

During this period there are several alternatives that can be considered for settling the dispute including mediation and arbitration. Because of the backlog in the court system today it is often more expedient to have your case resolved through one of these avenues. A lawyer can help you understand the different ways to resolve your dispute, as well as give you advice on what they believe is the best choice for your individual situation. If litigation, mediation, or arbitration is necessary to resolve your dispute, a lawyer is able to help you get the best possible result.