So, your case is going into litigation. Here are five things you need to know about litigation.

  • Litigation is the process of using the court system to try to get a recovery.
  • The process is started by the Plaintiff (the one who is complaining) filing a complaint. Then that’s served on the defendant and the defendant then has to answer the complaint. Between the two, the plaintiff and the defendant, it is called ‘the parties’.
  • After the defendant answers the complaint, there will be discovery. This can go on for a long time. It has a derogatory or questions that both sides have to answer and you will have to answer with the assistance of your attorney. They are answered under oath. There is also what is called ‘request for production’ where documents and photographs and those types of things are exchanged between the parties. There is also frequently depositions when you sit at a table and the attorney gets to ask the other side questions. Both sides do that. You may want to watch our video ‘5 things to know about your deposition’ which is available at
  • After discovery is finished, there is usually a confidential opportunity to settle a case called a mediation. In a mediation, the parties sit at a table and try to work with a mediator or an impartial person to try to settle the case. You may want to go and look at our video ‘5 things to know about your mediation’ which is also available at
  • Sometimes if a settlement cannot be reached, the case may go to trial. In a trial, there is a judge, a jury, and a jury decides who was in the right and who was in the wrong and whether any damages or any money should be awarded. You can take a look at our video ‘5 things to know about your trial’ which is also available at

I hope this is helpful. Please feel free to give us a call at (954) 913-CASE (2273) or visit us at