What is Litigation? (Lawsuits Explained)

When does an injury case turn into a lawsuit – in legal terms, “litigation”? A lawsuit is filed as a last resort, when the insurance company and the victim’s injury attorney have negotiated at length, but can’t agree how much the case should settle for. There are four stages:

1. The victim’s injury lawyer prepares and files a document (” complaint”) at the courthouse to start the case, and the insurance company files an answer.

2. Discovery. Both sides exchange information, most importantly by depositions – formal, recorded testimony of the victim, witnesses, doctors, and other persons who know firsthand about the accident or injury.

3. Mediation. This usually takes a whole day, and the attorneys and their clients – the victim and the insurance company representative – discuss the case with the mediator, and the mediator tries to forge an agreement to settle the case. This usually works.

4. Trial. If a case doesn’t settle, the attorneys present the evidence in front of a jury of 12 people, who will decide the case. Often, cases settle during the trial.

Kopitsky Injury Law P.C. are highly experienced, skilled, Atlanta injury attorneys who can help you if you have been seriously injured in an accident. We offer a free initial consultation and advance all court costs. Our fees and the costs are paid from any settlement or court award we obtain for you; if there is none, there are no fees. We handle only serious injury and death cases and work as a team to help resolve the problems of injury victims.