If you’ve been injured due to someone else’s negligence—whether in a car accident, a slip and fall, or any other type of incident—you may hear the term “litigation” used when discussing your legal options. But what does litigation mean in a personal injury case, and how does it impact your ability to seek compensation?
In simple terms, litigation refers to the formal legal process of resolving disputes through the court system. While many personal injury claims are settled through negotiations with an insurance company, some cases require filing a lawsuit with an experienced Hawaii personal injury lawyer and taking the case to court in order to secure fair compensation for injured parties.
What is litigation in the context of personal injury?
Litigation begins when a personal injury attorney files a complaint on behalf of the injured party. This complaint is a formal legal document submitted to the court that outlines:
- The facts of the case
- The legal reasons why the defendant is responsible
- The damages being sought, including medical bills, lost wages, pain and suffering, and more
The defendant—often represented by their insurance company or defense attorneys—will then respond to the complaint, either admitting or denying the allegations.
From this point forward, the case enters the litigation process, which can involve:
- Discovery: Both sides gather evidence, interview witnesses, and exchange information.
- Motions: Legal arguments may be made before trial to resolve certain issues.
- Trial: If no settlement is reached, the case is presented before a judge or jury for a final decision.
When does a personal injury case go to litigation?
Not every personal injury case ends up in court. In fact, most are resolved through out-of-court settlements. However, litigation becomes necessary when:
- The insurance company denies responsibility
- The offer made by the insurer is unreasonably low
- There is disagreement over the extent of the injuries or damages
For example, if you are injured in a slip and fall at a business and the company refuses to pay fair compensation, you may need to pursue legal action.
What to expect during the litigation process
The litigation process can be complex and time-consuming, often taking months or even years to resolve, depending on the facts of the case. With the help of a dedicated personal injury lawyer, you can expect the following steps:
- Filing a lawsuit: Your attorney formally files a complaint in court.
- Pre-trial discovery: Both sides investigate the case, gathering evidence based on the available evidence.
- Negotiation and settlement attempts: Many cases still settle before reaching trial.
- Trial: If no agreement is reached, your case will be argued before a judge or jury who will decide the outcome.
Throughout this process, your injury lawyers will work to demonstrate the other party’s fault and the full extent of your losses.
Why legal representation matters
Taking a personal injury case through litigation requires knowledge of both state and federal law, as well as a deep understanding of the court system. An experienced personal injury attorney can:
- Evaluate your claim and advise whether litigation is necessary
- Handle communications with the insurance company
- Prepare legal documents and arguments
- Represent you in court to maximize your chances of success
The goal is to ensure that you, the injured party, receive the fair compensation you deserve—whether through settlement or courtroom verdict.
Contact Shaheen & Gordon for personal injury litigation help
If you or someone you love has been injured and is considering legal action to seek compensation, the experienced team at Shaheen & Gordon is here to help. Our skilled injury lawyers have successfully handled a wide range of personal injury claims, including car accidents, slip and fall cases, and more.
Call (800) 451-1002 or contact us online today for a free consultation with a compassionate personal injury lawyer who can guide you through the litigation process and fight for the justice you deserve.
