Litigation, simply put, is the process of taking legal action. In personal injury cases, litigation is the process of resolving a dispute through the public court system once an insurance adjuster will not meet your settlement demand or will not negotiate in good faith.
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In a typical car accident or slip and fall claim, your attorney will begin the process of getting you compensation by sending a settlement demand package to the negligent party’s insurance company. The package will include proof of their policyholder’s liability, and complete records of the economic damages and non-economic damages you deserve compensation for. In some cases, the insurance company may accept the demand, but usually they will offer less money, sometimes substantially less. If your attorney does not feel the insurance company will be fair without the threat of a trial, they will file a formal complaint in court, beginning the initial stages of a lawsuit, or litigation.
How Litigation Works
The litigation process is long, and consists of several intertwining steps:
- The plaintiff, or you, the injured party, and your attorney file a complaint with the clerk of the court
- The case is assigned to the court that has jurisdiction over it
- The defendant files an answer, and a pretrial conference is scheduled to hear any motions
- The case enters the discovery phase, where each side can request documentation, and will take depositions and find expert witnesses to corroborate their side of events
- Both parties will likely pursue alternative dispute resolutions, such as mediation, in an attempt to settle the case before trial
- Parties continue negotiating
- If a settlement is not reached, the case goes to trial, which has six steps:
- Voir dire, or jury selection
- Opening statements
- Testimony and cross-examination
- Closing arguments
- Jury instruction
- Jury deliberation and verdict
- The court signs, renders and files the verdict or judgment
While personal injury attorneys and insurance companies prefer to reach a settlement in initial talks instead of a lengthy trial, often, pursuing litigation is the only way to ensure you get the full compensation you deserve.
Client Reviews
What our clients are saying about us
Juanita Matthews
Year of 2023
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
Shaunda S.
7 months ago
I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.
Emelia M.
3 months ago
Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.
Helen L.
a year ago
We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!
Judy M.
a year ago
They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!
Chelsea C.
5 months ago
Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.
David D.
2 months ago
Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.
Lisa B.
11 months ago
Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!