Understanding Both Sides of the Litigation Debate

This post will discuss the two opposing sides about Litigation Debate.

Litigation debate - legal action for workers compensation claims and independent medical opinions

Legal action is becoming more prevalent and both professionals and consumers are wondering who it benefits. It is certainly not a course of action to be taken lightly, as it can come at a huge financial and personal cost. We take a look here at legal action, which can be anything from workers compensation claims to medical malpractice.

Deciding on Litigation

Taking legal action against another party can be a costly exercise for all involved, so it pays to make sure that litigation is the right course of action. There are other options, such as mediation, negotiation, conciliation and arbitration. So, instead of diving straight into litigation, speak to a lawyer who can advise you on your specific situation. There are strict time limits regarding when litigation can be launched and these apply from when the incident occurred. So, for example, the time limit for personal damages claims from car accidents is three years.

Weighing Up the Costs

If you are pursuing litigation, your lawyers will look at the strength of the case, the evidence available and conduct further investigations if required, to gather all of the necessary information. They may well advise that you have no case or that the cost of litigation outweighs your chances of success. Lawyers will also look at the relationship between the parties, costs, urgency of the case and any legal precedents.

Starting the Legal Process

Different courts deal with different types of proceedings. Where you end up fighting the case will depend on a cause of action (your case under existing law) and the jurisdiction it falls under. A Statement of Claim is usually presented to the court to signal the intention to launch proceedings and the court then gives the defendant a timeframe to carry out certain tasks. A failure to do this can result in a default judgement for the plaintiff.

Early Settlement

Both parties are able to settle the case prior to it being heard in court. This is done by negotiation and there are rules regarding offers of compromise. Depending on the facts of the case, available evidence and chances of success, a lawyer for either party can advise their client that settlement offers them the most effective way of dealing with the issue.

Going to Court

The court process can be a drawn-out affair and its length depends entirely on the complexities of the case. Witnesses may be called, reports such as independent medical opinions may be called for, and delays may occur as further information is gathered or judgements are considered. It is important to follow the advice of lawyers at all times during the court process as procedures, laws and protocols must be strictly followed.

The Decision

A judgement does not always signal the end of the legal process or an immediate payout. In fact, it can be some time before any compensation actually reaches the successful party. There are avenues of appeal available and this can make the legal process take much longer – years even. It is always possible to negotiate payment, even after judgement. And judgements are enforceable by a number of means, so if the finding is against you then the courts can direct you on how to pay your penalty.

Please share:

Linkbar