What happens when a lawsuit becomes the next step
View the series:
PART 1: The First 30 Days
PART 2: After a Claim Is Filed
PART 3: Understanding a Personal Injury Settlement
PART 4: Why Injury Claims Exist
In the first four articles of our After an Accident: What to Expect series, we’ve followed an injury claim from the first weeks after an accident through the claims process, settlement, and the broader purpose injury claims serve.
In Part 2, we explained that filing an injury claim is not the same as filing a lawsuit. In Part 3, we looked more closely at what a settlement represents.
But that leaves an important question: What happens when the two sides cannot agree on how a claim should be resolved?
That’s where litigation may come into play. And while the word can sound intimidating, understanding what litigation actually means can make the possibility feel much less uncertain.
Does Filing a Claim Mean Going to Court?
No. A personal injury claim and a lawsuit are two different things.
Many claims are resolved through negotiation without a lawsuit ever being filed. California Courts notes that many civil cases reach an agreement without proceeding to trial.
That’s an important distinction. A claim does not automatically lead to a lawsuit, and a lawsuit does not automatically lead to a trial. Sometimes litigation simply provides a more formal process for moving a case forward when the parties have not reached an agreement.
Where Settlement Fits into the Picture
As we explored in Part 3, a settlement is an agreement that resolves a claim. But settlement and litigation are not necessarily either-or choices. A case may settle before litigation begins or after a lawsuit has been filed.
When an agreement cannot be reached, litigation provides a formal process for the case to continue moving forward.
What Does Litigation Actually Mean?
Litigation begins when a lawsuit is formally filed with the court.
From there, the legal process gives both sides a structure to gather information, develop evidence, address disagreements, and prepare the case for resolution.
One important stage is discovery. This is the process through which the parties obtain information and evidence relevant to the case. Depending on the circumstances, that may involve written questions, documents, depositions, medical information, or other evidence.
The process may also include court conferences, motions, mediation, settlement discussions, and other steps along the way.
For someone who has never been involved in a lawsuit, that can sound like a lot. Breaking the process into stages can make it easier to understand what is happening, why it is happening, and what may come next.
Why Do Some Cases Require Litigation?
There is no single reason.
The parties may disagree about who was responsible for an accident. An insurance company may dispute the extent of someone’s injuries or the need for future medical care. Questions may arise about insurance coverage, evidence, or the long-term financial impact of an injury. Sometimes the parties simply have very different ideas about what represents a fair resolution.
In situations like these, litigation provides additional tools to develop the facts and address those disagreements.
Filing a lawsuit does not necessarily mean something has gone wrong. In some cases, it is simply the next appropriate step toward resolving questions that cannot be settled through negotiation.
Sometimes the disagreement is regarding compensation for the ways an injury has affected someone’s life, including pain and suffering. During litigation, a client’s deposition can provide a fuller picture of how the injury has affected daily and family life. A treating physician may also provide testimony about injuries and future medical needs. This additional information can give the insurance company a more complete understanding of the claim and, in some cases, lead to a higher offer and an eventual settlement.
A Lawsuit Can Still End in Settlement
One of the most important things to understand is that settlement and litigation are not necessarily opposing paths.
Even after a lawsuit has been filed, negotiations can continue while both sides gather information and learn more about the case. Mediation and settlement conferences can provide additional opportunities to reach an agreement.
Preparing for trial can also bring strengths, weaknesses, and risks into clearer focus.
If an agreement is reached, the case can be resolved without a trial. If not, a judge or jury may ultimately decide the outcome.
Every Case Follows Its Own Path
For someone recovering from an injury, it is natural to want to know exactly what will happen and how long it will take. Often, those answers become clearer only as the case develops.
Some claims settle without litigation. Others enter litigation and reach an agreement later. In some cases, the disagreements cannot be resolved, and a judge or jury is ultimately asked to decide the outcome.
The goal is not simply to settle as quickly as possible or to take a case to court. It is to determine which path makes sense based on the facts, the client’s circumstances, and what is needed to pursue a fair outcome.
Your attorney can help you weigh the decision to accept a settlement or continue toward trial. That conversation may include the risks and costs of trial, the strength of the case, how a jury may view the evidence, and what the client may ultimately receive under each option. A trial verdict could be higher than a settlement offer, for example, but the additional costs of trial can affect the client’s net recovery. Understanding those tradeoffs can help a client make an informed decision about how to proceed.
Looking Ahead
Throughout our After an Accident: What to Expect series, we’ve focused on helping people better understand a process they may never have expected to encounter.
In the final installment, we’ll look ahead at how personal injury law itself continues to evolve, including how changes in technology, public policy, insurance, and the ways we travel are creating new questions about responsibility and safety.
If You Have Questions
Every injury and every claim is different. If you have questions about where your claim may be headed or what litigation could mean for your situation, contact us. We’re here to help you understand your options and make informed decisions about what comes next.
Disclaimer
The content provided is for general information purposes only. Please refer to the disclaimer of Carter Wolden Curtis, LLP for more details.