What does litigate damages mean?
Asked by: Amparo Cronin | Last update: August 20, 2025Score: 4.2/5 (27 votes)
Claimants working to recover damages after an accident may wonder, “what does litigation mean in a personal injury case?” In personal injury cases, litigation entails suing negligent parties for causing accidents and subsequent injuries and other damages through a civil lawsuit.
Is it better to settle or litigate?
Whether you are the plaintiff or the defendant, if the total time spent in litigation is not worth a good outcome in court, then settlement is probably a better option. The outcome of the case is unpredictable. If your case appears to be a toss-up, you are probably better off settling.
What does it mean when a claim is litigated?
What is litigation? Contrary to what you may believe, litigation is not just another word for a filed “lawsuit”. Litigation is a term used to describe legal proceedings, following the filing of a lawsuit, between two parties to enforce or defend a legal right through a Court supervised process.
What is the difference between litigate and sue?
Definition: A lawsuit is a legal case filed in court while litigation is the complete process of resolving a legal dispute. Scope: A lawsuit is limited to civil cases. However, litigation encompasses the entire legal process.
What are the three types of damages?
There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive. An attorney can estimate how much your claim may be worth based on your damages. Your lawyer will ask for you to bring any documentation related to your case to your first meeting.
Damages Explained
What is the most common type of damages awarded by a court?
Usually, compensatory damages are awarded in civil court cases in order to compensate for damages, injury, or another incurred loss. As we'll explore further in the article, they are different from punitive and treble damages. Compensatory damages can be classified into two types: actual and general.
What is a payment for damages and suffering called?
Compensatory damages compensate a plaintiff for harm, injury, or other losses caused by the tortious conduct of another party. Also called “actual damages,” compensatory damages are the primary relief awarded in a successful tort action.
What happens if a case goes to litigation?
The attorneys will present arguments, evidence, and witness statements. The judge will then rule on objections and motions and the judge and/or jury will provide a verdict. Litigation is complicated and extensive preparation is required.
What is the meaning of litigated damages?
Litigation Damages means all Losses imposed on or incurred by the Buyer Parties as a result of or in connection with any Specified Proceeding in excess of the Litigation Reserved Amount with respect to such Specified Proceeding.
Does litigation mean settlement?
Litigation involves various stages, including pleadings, discovery, pre-trial motions, and finally, the trial itself. Settlement involves reaching an agreement between the plaintiff and the defendant outside of the courtroom.
How long does it take to litigate?
The timeframe for resolving a personal injury claim varies greatly. It might be resolved in as little as four months, or it could extend to a year or even up to two years in certain situations.
What does actually litigated mean?
Definition: Actually litigated refers to a claim that has been properly raised in a previous lawsuit, presented to the court for a decision, and decided upon. If a claim has been actually litigated, it cannot be brought up again in a subsequent lawsuit.
What are the chances of winning a personal injury lawsuit?
According to the U.S. Department of Justice, personal injury lawsuit outcome statistics include a majority (90 to 95 percent) settled before trial. Out of the small percentage that end up seeing a courtroom, the data suggests that the success rate of personal injury cases is around half.
What's the most a lawyer can take from settlement?
Whatever the amount is, your law firm will charge you on a contingency fee basis. This means they will take a set percentage of your recovery, typically one third or 33.3%. There are rare instances where a free case is agreed to by the representing lawyers.
Why do lawyers often try to negotiate a settlement?
By negotiating for higher settlements, you can show your clients that they deserve justice. You can provide compassionate legal care by working to hold liable parties responsible.
Is it better to take a settlement or go to trial?
Quicker resolution: Settling a case allows for a faster resolution compared to going through the trial process, which can take months or even years. Emotional closure: Settling a case can provide emotional closure for the injured party, as they can move on from the incident and focus on their recovery.
Does litigate mean to sue?
In short, the litigation definition will be the process to resolve any lawsuit. On the other hand, a lawsuit is known as a legal action where the plaintiff files a law complaint in court. To explain further, litigation is the series of processes that occurs before, during, and then after a lawsuit is filed.
What is a litigate risk?
Litigation risk is the risk an individual or company will face legal action. This legal action could be the result of the individual or company's products, services, actions, or another event. Large companies are especially susceptible to legal action given the large potential reward for plaintiffs.
How to negotiate liquidated damages?
A key strategy in negotiating liquidated damages is to strike a balance between the interests of both parties. It's important to ensure that the liquidated damages are substantial enough to protect the aggrieved party, but not so punitive that they discourage contract formation or seem unfair.
Do all lawyers have to do litigation?
While all litigators are lawyers, not all lawyers are litigators. A litigator is a specialized type of lawyer who focuses on representing clients in court proceedings. Their primary role is to advocate for their clients during litigation, which involves resolving legal disputes through the judicial system.
What does ligation mean in law?
Litigation is a legal action to resolve civil and criminal disputes. It is usually resolved when a settlement is reached outside of court. Litigation progresses through pre-lawsuit actions, discovery, trial, and possible appeals.
What is considered a litigation matter?
Litigation Matter means any litigation, compliant, hearing, indictment, settlement, audit, claim, action, suit or proceeding, demand, grievance, citation, summons, subpoena, charge, inquiry, arbitral action, governmental inquiry, criminal prosecution or other investigation.
How do you calculate compensation for damages?
To get a reasonable starting number for negotiating general damages, many insurance companies and attorneys multiply the amount of medical special damages by a factor of 1.5 to 5, depending on the severity of the injuries. In extreme cases, a factor of more than 5 may be used.
Who decides the amount and type of damages?
The type and amount of damages paid will be determined by the civil court in charge of the case. In a jury trial, the jury will determine the award. The plaintiff can also opt for a judge-only trial (also called a “bench” trial). In a bench trial, the judge makes the final determination on damages.
Are payments for pain and suffering taxable?
In California, compensation that is received by accident victims for any physical health condition or injury from a personal settlement cannot be subject to taxes under federal or California law.