Litigation law is the set of rules and steps which are required to resolve a disagreement between two or more parties 1. Although most litigation cases stem from a tort many other cases may qualify as litigation as well. The order of occurrences to create a lawsuit will generally follow a uniform approach. The first step is that the lawyer of one party will create a statement demanding something from the other party. This is not always cash as it could also be something of value such as a service or discontinuing of an action. 2
After the initial demand, the second party may accept the demands, counteroffer, or decline completely. Depending on the decision the party makes further action may be taken by the first party. This would be the filing of a formal lawsuit.
The next step then would be for both parties to gather all the information associated with the case and exchange this information between parties. This process also includes taking statements from witnesses otherwise known as collecting depositions. This is called the discovery process.
After this process, both sides will go over all the information they now possess and build their cases against each other. Summary judgment will take place where the defendant will talk with the judge about his or her case and explain why there should be no accountability on his or her end. The judge can either accept or deny this. Acceptance would mean that the defendant wins and the plaintiff loses the case. If the judge denies the judgment process then the case will go on to trial. 3
The trial will eventually take place and a decision will be made by the jury. This decision is not final however because if the losing side would like to, they have the option to appeal and ask for another trial. This is a long process that may drag on for several years to completely be resolved.
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Labrie, Pouliot, LaRocque & Guiel, P.C. handles medical malpractice cases in Hampden and Hampshire County MA, including Chicopee, Holyoke, and Springfield MA.