Overview of the Litigation Process
When negotiations with an insurance company fail, filing a lawsuit may be the only option. Many people do not know what to expect, which can cause concern. While each case is unique, most lawsuits follow a similar structure. Below are the common phases of the litigation process.
Phase I: Consultation with Counsel
The process begins with a consultation. You and your attorney will review the merits of your case and discuss potential challenges. This stage may take from a few days to several weeks as you determine the best way forward.
Phase II: Filing the Lawsuit
If negotiations are unsuccessful, your attorney will file a lawsuit through a petition (state court) or complaint (federal court). The insurer responds by either answering the petition or filing a motion to dismiss. The pleadings stage usually lasts about a month but can take longer if dismissal motions are filed.
Phase III: Discovery
Discovery involves exchanging information and evidence. This includes:
- Written discovery such as interrogatories, requests for admission, and requests for documents
- Depositions where attorneys question parties or witnesses under oath
Discovery typically lasts four months but often extends due to disputes over disclosure that require court intervention.
Phase IV: Summary Judgment Motions
After discovery, parties may file motions for summary judgment, asking the court to rule without a trial. Courts may take weeks, months, or even more than a year to decide these motions. A ruling can end the case or limit the issues presented to a jury.
Phase V: Settlement Discussions
Most cases settle before trial. Settlements occur through:
- Negotiations between attorneys with client approval
- Mediation with a neutral lawyer facilitating discussions
- Settlement conferences with a judge serving as mediator
Settlement can happen at any point, but it most often occurs after discovery and summary judgment decisions.
Phase VI: Trial
If settlement does not occur, the case proceeds to trial. Due to court backlogs, this may take months to begin. Trials usually last 3 to 5 days and include opening statements, witness testimony, presentation of evidence, and closing arguments. The jury then deliberates and delivers a verdict.
Phase VII: Appeals
Appeals are less common but occur when a party argues that the jury’s verdict was affected by judicial error. The appeals process is lengthy, often lasting one to two years. Many cases settle during the appeal process.
