The Litigation Process

Filing a lawsuit doesn’t mean you’re headed straight to trial. In fact, trial is usually the last step in a long process.

Step 1: Filing the Complaint

The plaintiff’s lawyer drafts a complaint, laying out the claim and damages sought. The defendant then files an answer, usually denying everything.

Step 2: Discovery

Both sides exchange information. This includes depositions, interrogatories, and document requests (explained fully in another guide). Discovery can last months or years.

Step 3: Motions

Defendants often file motions to dismiss or for summary judgment, arguing the case should end without a jury. These are critical battles, often decided on the briefs.

Step 4: Settlement Talks

Most cases settle at some point, often after discovery shows the strength of the plaintiff’s claim. Insurers weigh the risk of trial versus paying now.

Step 5: Trial

If no settlement, the case goes to trial before a judge or jury.

Step 6: Post-Trial & Appeal

Even after a verdict, the losing side may file motions or appeal. Litigation is rarely over with a single courtroom victory.

Why It Takes So Long

Defendants (especially insurers) often use delay as a weapon, hoping to wear plaintiffs down. A good lawyer anticipates these tactics and keeps pushing the case forward.