Litigation means that a lawsuit has been filed at the courthouse. The minute the Clerk of Court stamps the Complaint litigation commences. This post discusses litigation in the context of personal injury and car crash cases.
When Does Litigation Happen
Sometimes litigation happens right away in a case. Other cases a lawsuit is not filed for a year or so. I usually file lawsuits when 1) the other side refuses pay enough money to resolve the case; or 2) the other side says my client is at fault and I disagree.
Low-Ball Offer
Insurance companies resolve claims for their insureds. This means that when someone hits or hurts my client an insurance company is assigned to the claim. Some carriers try to resolve case before a lawsuit is filed. Other carriers, in my humble opinion, try to low ball cases and see if lawyers are afraid to litigate. I can usually tell you when a case comes in the door whether it will go to litigation. There are a few insurance companies where I have a disproportionate amount of lawsuits. If you are hit by a driver who has one of these insurance companies a lawsuit might be necessary to get full value.
Liability
Sometimes I have cases where the insurance on the other side thinks my client is responsible for the injury or incident. The problem for the insurance company is they aren’t usually at the scene of a wreck or injury! A jury is utilized to determine what actually happened. When the other side tells my client they are at fault AND I disagree a lawsuit is filed to prove them wrong.
Attorney Fee For Litigation
The fee percentage does go up during litigation. This happens as a result of the increase in work. I do not file lawsuits to increase my fee. The amount of work is usually WAY more than the small increase in fee. I file lawsuits when the other side isn’t taking the case seriously.
Is A Trial Litigation?
Some people think litigation is trial. All cases in trial are in litigation, but not all litigation cases go to trial.
Happy to answer any specific litigation questions. Right now I have 120 open cases in the courthouses of Kentucky. 57 times I’ve taken a case to verdict. I will sue if the other side won’t pay.
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