Litigation refers to the process where a plaintiff institutes a proceeding in a pertinent court of law and requests legal or equitable relief against a defendant. What’s the difference between legal and equitable relief? Legal relief is money damages. Equitable relief is when the Court enters Orders or Decrees directing someone to either act or to forbear from acting (e.g., an injunction or restraining order); equity is appropriate where money damages are insufficient or difficult to ascertain.
Litigation is essentially what happens when people, estates, or businesses disagree about fault or damages. The court is in place to sort through the problem and enter a finding as to who is at fault and what the appropriate redress should be, if any. Litigation is expensive and can, depending on the case, result in quite a bit of legal fees (which are handled on a flat fee, hourly, or contingency basis). This is due in large part to the specific civil and criminal procedures in place — and the fact that persuasive counsel is needed to couch arguments in a light most favorable to his or her client(s).
If you are a plaintiff in a lawsuit, or have been served with process as a defendant, contact us for a free consultation. We practice in civil litigation and would be happy to help.