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Litigation refers to the process of pursuing a legal claim through the court system. It involves the filing of a lawsuit by one party against another party, with the aim of enforcing a legal right or seeking a remedy, such as monetary damages.

While the term “litigation” is often used interchangeably with “lawsuit,” they are not exactly the same. Litigation encompasses not only the lawsuit process but also the pre-lawsuit activities and even the appeals process.

In essence, a lawsuit is a specific legal claim, while litigation encompasses the entire process of pursuing that claim, including alternative dispute resolution methods such as mediation and arbitration.

Initiating Litigation:

The initiation of litigation begins when an individual decides to assert their rights. This process typically starts with seeking the advice of a lawyer to determine the best course of action after an event such as a car accident. Some people may opt for conducting online research to gather information about their legal rights. Before filing a lawsuit, the litigation process can involve various pre-litigation activities, such as:

  • Negotiating with an insurance company to reach a settlement
  • Drafting and sending demand letters
  • Seeking compensation from the responsible party for damages incurred in an accident In some cases, alternative dispute resolution methods, such as mediation, may be utilized before resorting to a formal lawsuit. If you’re considering starting the litigation process, it is recommended that you consult with a seasoned legal team. They can help you assess your options and determine the most appropriate course of action for your situation.

Using Legal Proceedings to Resolve a Personal Injury Case:

It is difficult to determine the exact frequency with which litigation is used to settle personal injury claims in Texas, as this information is not publicly available. However, many personal injury claims are settled out of court through negotiations between the parties involved. Litigation is typically used as a last resort when negotiations fail to produce a satisfactory resolution. This means that while the use of litigation in personal injury claims in Texas may be relatively common, it may not be used in every single case.