What is Litigation & The Phases of Litigation?

Phase 1:
Case Investigation

Case investigations are used to help determine whether or not there is enough evidence in a case to either file a lawsuit or defend a potential lawsuit. During the course of the investigation, your attorney may locate witnesses, take witness testimony, gather documents, and analyze the events leading up to the dispute.

Phase 2:

Construction litigation attorneys may draft a variety of pleadings on behalf of their clients depending on the nature of the case. In the plaintiff’s case, the party bringing suit, an attorney may draft a summons and complaint to commence the lawsuit. In the defendant’s case, the accused party, an attorney may investigate the allegations and formulate responses.

Phase 3:

Discovery is the point in the litigation process where relevant information between parties is exchanged. Your attorney may use this information to identify potential issues and build a strong case strategy. To gain this information, different forms of discovery may be used including requests for production, requests for admission, interrogatories, and depositions as well as motions to compel, protective orders and summary judgment motions.

Phase 4:

The majority of cases can be and often are resolved outside of the courts. However, there are always cases where the parties are unable to reconcile their differences prior to trial. During the pre-trial phase of the litigation process, your attorney will close out the discovery phase and begin preparing for trial by providing consultation, retaining expert witnesses, attending pre-trial conferences and developing a trial strategy based on the facts and evidence gathered from the aforementioned phases of the process.

Phase 5:

During trial, your construction litigation attorney should identify the strengths and weaknesses of the case, prepare witnesses for testimony, develop persuasive arguments through the presentation of testimony and evidence, present opening and closing statements, draft and argue trial motions, and examine and cross-examine witnesses.

Phase 6:

Settlement of a lawsuit can be reached at any given point during the duration of the litigation process. In the course of settlement, parties will conduct negotiations, alternative dispute resolution methods and settlement conferences during which settlement materials such as settlement brochures, agreements, and releases are created.

Phase 7:

Depending on the circumstances of the case, your construction attorney may recommend an appeal if a favorable outcome is not obtained at trial. During an appeal, your attorney may draft post-trial motions, identify issues for appeal, formulate appellate strategies, gather further evidence for the appellate record, draft appellate documents, and present oral arguments before appellate courts.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

For more information about our insurance litigation process, feel free to call Claims XP at 800-414-1974 for more information.