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Home > FAQ Video Library > What is Litigation? (Lawsuits Explained)

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.

Stokes & Kopitsky 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.

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