Litigation occurs when a party feels that their legal rights have been infringed upon. Often, this process is settled via agreement resulting in both parties being satisfied. Litigation is not a law suit, but can lead to one.
When Litigation Begins
Litigation begins when a party hires a professional to enforce a legal right. It begins with an investigation into the wrong that was committed and establishing the facts that will result in proper compensation for said wrong.
Finding a Settlement Option
Then, litigation tends to lead to a confrontation between the opposing parties in an attempt to find a settlement that will satisfy both parties involved. If an agreement or settlement cannot be reached, then litigation will continue to a trial.
Because trials can become arduous, long, drawn out affairs, most of the time another settlement offer will be made by one side or the other close to the trial date in an attempt to avoid the necessity of a trial. If accepted, this is the end of litigation.
Going to Trial
If settling is impossible, the trial will consist of the plaintiff putting forward evidence against the defendant regarding the legal right that was infringed upon. A weak statement may lead to dismissal of the case, while a strong one may cause the defendant to offer a new settlement agreement. If neither occurs, then the trial concludes with a judge or jury making a decision.
If you feel that you have cause to engage another party in litigation, contact our Palm Springs business litigation law firm with any questions.