Litigation is a very involved process that must be handled by lawyers. There are many steps required in handling the process correctly. The ultimate goal in litigation is the get the other side to agree on a settlement that both parties will be happy with.
Therefore, it is important to have the best representation that you can have on your side. If you don’t have the right people behind you, it could result in failing to reach a settlement or leaving you to agree to a settlement that is less than what you deserve. Below, we will go over the process of litigation.
The first step is to file a complaint. The defending party will file a complaint and the accused party will respond. After that, the accused party will either make a motion to dismiss the claim or offer a counter claim. Once both parties know where they stand, they will begin their investigations in order to gather facts about what actually happened.
After this phase, they will meet for litigation and attempt to settle the case out of court. Both parties will be trying to get the most out of the other so it will often be hard to reach an agreement. If they fail to settle, the case will be brought to court and litigation will be over.
Real estate can often be the subject of litigation. Unlike accidents or some other occurrences, disputes over land and real estate are much more concrete and easier to navigate around. This is why real estate litigation claims will often be settled a lot more often than other types of cases. Another reason why this is the case is because property and real estate is easy to split up evenly or by percentages.
The one thing that is critical about real estate litigation is how well you make your case. You may, for example, be entitled to 60% of a property; however, if you have poor representation, you may only come away with 50% of it. Likewise, if you have good representation, you may be able to settle for 60% or even more of it.