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(314) 500-HURTLitigation, simply put, is the process of taking legal action. In personal injury cases, litigation is the process of resolving a dispute through the public court system once an insurance adjuster will not meet your settlement demand or will not negotiate in good faith.
In a typical car accident or slip and fall claim, your attorney will begin the process of getting you compensation by sending a settlement demand package to the negligent party’s insurance company. The package will include proof of their policyholder’s liability, and complete records of the economic damages and non-economic damages you deserve compensation for. In some cases, the insurance company may accept the demand, but usually they will offer less money, sometimes substantially less. If your attorney does not feel the insurance company will be fair without the threat of a trial, they will file a formal complaint in court, beginning the initial stages of a lawsuit, or litigation.
The litigation process is long, and consists of several intertwining steps:
While personal injury attorneys and insurance companies prefer to reach a settlement in initial talks instead of a lengthy trial, often, pursuing litigation is the only way to ensure you get the full compensation you deserve.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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