Litigation is used to describe the legal process of asserting a lawsuit. It is between two or more parties, and it involves enforcing a legal claim for money damages or another remedy or defending a legal right.
Although litigation is commonly associated with the term, “lawsuit,” they are actually slightly different concepts. Litigation involves both the lawsuit process and the activities that take place before starting a lawsuit. The appeal process also falls under the umbrella of litigation, but appeals aren’t technically part of the lawsuit process.
Essentially, a lawsuit is an actual legal claim while litigation is a term that covers the process of the lawsuit and beyond. The term litigation also includes alternative dispute resolution methods, like mediation and arbitration.
When Does Litigation Start?
Litigation begins when someone decides to assert their rights. For many people, the first step in that process is consulting with a lawyer to determine what they should do after an event like a rear-end collision. For others, it may include merely doing an online search about their potential legal rights.
Pre-lawsuit litigation involves things like:
- Talking to an insurance company about a potential settlement
- Writing demand letters
- Demanding that someone else compensate you for your losses after an accident
Sometimes mediation and informal dispute resolution will take place before a lawsuit is ever filed.
If you are thinking about starting the litigation process after an accident or because of a dispute, your first step should be to talk to the team at John Foy & Associates. We can help you decide whether starting a lawsuit or another course of action will work best for you. Fill out the form to your right, or call us at 404-400-4000 to get your FREE consultation today.