When being involved in any kind of court case it’s important that you understand many of the procedures involved. You have two options to help you understand some of the terminology involved when pursuing legal action against someone.
For example, you can either do research yourself to help you understand the process involved when filing a claim or you can sit down with an attorney who will help you understand the different steps within the whole progress. It is very important to get a full grasp of what’s happening because each step that you take can impact the outcome of the court case.
With each step comes commitments and more costs if any plus you need to worry about a different outcome if that happens.
There are two stages which will have the most impact on your case which are pre-litigation and litigation. These two can have a huge influence on the case within the court systems.
For those of you not familiar with the terms, let’s take a quick look at how they differ.
In Court vs Out Court
This is the first difference between both terms because one applies to solving the issue at hand before you actually have to take it to court.
Pre-litigation means that you and the defendant’s lawyer are trying to work things out before having to take the matter into a sometimes lengthy trial.
Many lawyers do prefer that a settlement can be reached so they don’t have to go to court because that can take another few months with more research. If lawyers have a large workload they would prefer to keep it out of the court room so they can continue to build their portfolio with other clients.
This is why when you have a claim, find a personal injury lawyer in Los Angeles with experience and you can most likely force a good settlement.
However, if for any case the claim does end of going to the “litigation” phase than you would have to fight the last couple of battles within a court room with a preceding judge because an out of court settlement could not be reached during the pre-litigation stage.
Research and Evidence
During pre-litigation, all the information does not have to be presented which is amazing because gathering additional information for the litigation stage can be very costly and time consuming.
During pre-litigation, you are trying to reach a settlement with the information you currently have available to you. This evidence would include medical documents, photos and expert testimony.
In most cases, during the discovery it’s important to have the witnesses present as well so they can add credibility to the claim. However, other than that you really don’t need to have case law material available to present to the judge.
If a settlement cannot be made during pre-litigation than you will have to take it to court where more facts and figures are presented to the judge so they can render a decision.
It’s a very time consuming process which is way 80% of cases are settled out of court before even reaching a court room.
Once a case steps out of pre-litigation, the total cost of the entire case has just gone up by 40%. When a case goes to court, the amount of resources that go into winning a case it huge and that are why many lawyers and courts try to avoid this route.
For the client, they need to pay the attorney more money so continue litigating this case in the court system. This is money that might not be available to the customer so it can be a very tough position for the attorney and client.
Next, the state needs to continue to pay the prosecutor to continue fighting this case within the court. This comes out of the tax payers which is something that might not be every ones best interest.
It’s a very lengthy process which can carry on for several months to years depending on the seriousness of the case. In pre-litigation you can avoid increasing costs while in litigation the cost can go very high without an end in sight.
Sometimes cases fighting in court can carry on for years which all cost time and money.