Claims process
Litigation
Litigation is the phase of a claim after a lawsuit has been filed, encompassing discovery, motions, and trial preparation, and it typically adds a year or more to a case's timeline.
Most claims settle before a lawsuit is ever filed. Filing usually signals that pre-suit negotiation has failed or that the limitation deadline is approaching.
The vast majority of filed cases still settle before trial, but they settle later and after considerably more expense.
Related terms
- Discovery — Discovery is the formal pre-trial process in which each side must produce documents, answer written questions and give sworn testimony, and it is usually the longest phase of a litigated case.
- Deposition — A deposition is sworn out-of-court testimony given in response to questions from opposing counsel, recorded by a court reporter and usable at trial.
- Settlement — A settlement is an agreement resolving a claim for an agreed sum, in exchange for which the claimant signs a release permanently giving up the right to pursue it further.
- Mediation — Mediation is a settlement negotiation conducted with a neutral third party who moves between the sides, and it resolves a substantial share of injury cases without a trial.
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