In legal terms, litigation refers to the formal process of resolving disputes through the court system. It typically involves filing a lawsuit, presenting evidence, arguing before a judge (and sometimes a jury), and receiving a legally binding judgment.
Litigation can arise in civil or criminal law, but most often, the term refers to civil lawsuits—such as personal injury claims, contract disputes, or wrongful death cases. In Charleston, South Carolina, litigation plays a central role in resolving complex legal issues that can’t be settled through informal negotiation or mediation.
1. What Does Litigation Involve?
Litigation is more than just “going to court.” It is a multi-step legal process that often begins long before a trial takes place. The litigation process includes:
A. Pre-Litigation Investigation
Before filing a lawsuit, attorneys gather facts, review evidence, and determine whether a claim is legally valid. This step helps establish the foundation of the case.
B. Filing a Lawsuit
Litigation officially begins when a plaintiff files a complaint against a defendant in court. The defendant is then formally served with the lawsuit.
Both parties exchange relevant information, documents, and witness lists. This may include:
- Depositions (interviews under oath)
- Interrogatories (written questions)
- Requests for production (documents and records)
D. Pre-Trial Motions and Hearings
Attorneys may file motions to dismiss the case, exclude evidence, or seek summary judgment before the case reaches trial. These hearings can significantly shape the outcome.
E. Trial
If no settlement is reached, the case goes to trial. Each side presents evidence, calls witnesses, and makes legal arguments before a judge or jury, who then issues a ruling or verdict.
F. Appeals (If Applicable)
If one party believes there was a legal error at trial, they can file an appeal to a higher court. However, appeals focus on legal procedures, not on re-trying the case.
2. What Types of Cases Involve Litigation?
Litigation can apply to virtually any legal dispute, but here are the most common types of civil litigation handled by law firms in Charleston, SC:
- Personal Injury Claims – Including car accidents, slip and fall injuries, and medical malpractice
- Business Litigation – Contract disputes, partnership disagreements, or intellectual property violations
- Wrongful Death Cases – Where a person’s death was caused by negligence or misconduct
- Employment Disputes – Wrongful termination, wage disputes, and workplace discrimination
- Family Law Litigation – Contested divorces or child custody battles
- Property and Real Estate Litigation – Boundary disputes, landlord-tenant issues, or breach of sale agreements
Criminal cases also involve litigation, but in those cases, the state or federal government is the prosecuting party. Civil litigation, on the other hand, is usually between private parties.
3. Litigation vs. Other Legal Processes: What’s the Difference?
Litigation vs. Mediation
Mediation is a non-binding process where a neutral third party helps both sides negotiate a settlement. Litigation is more formal and ends with a court judgment.
Litigation vs. Arbitration
In arbitration, a private arbitrator acts like a judge and issues a binding decision. Arbitration is often faster and more private than court litigation but may limit your rights to appeal.
Litigation vs. Settlement
Not all litigation ends in trial. In fact, most civil lawsuits are settled before trial through negotiations. However, filing a lawsuit and beginning litigation often encourages serious settlement discussions.
4. Do I Need a Lawyer for Litigation?
Absolutely. Litigation is complex, and even small missteps can cost you your case. Whether you’re suing someone or being sued, having an experienced litigation attorney in Charleston, SC ensures your rights are protected every step of the way.
A skilled litigator can:
- Build a strong case with supporting evidence
- Navigate procedural rules and filing deadlines
- Handle court appearances and pre-trial motions
- Engage in negotiations and attempt to settle out of court
- Represent you in trial and appeals, if necessary
Without proper legal representation, your case could be dismissed, or you could lose valuable compensation.
5. How Long Does Litigation Take in South Carolina?
There’s no one-size-fits-all answer, but most civil litigation cases in South Carolina take several months to a few years, depending on:
- The complexity of the case
- The court’s schedule
- Whether the case settles before trial
- How cooperative both parties are during discovery
While some straightforward cases settle in less than a year, more complex or contested cases—especially those involving personal injury or wrongful death—can take two years or more.
6. Frequently Asked Questions (FAQs)
1. What does litigation mean in simple terms?
Litigation is the legal process of taking a dispute to court, where a judge or jury decides the outcome.
2. What’s the difference between litigation and a lawsuit?
A lawsuit is a specific action taken within the broader process of litigation. Litigation includes everything from filing the case to trial and appeal.
3. Can I settle my case without going to trial?
Yes. In fact, most litigation ends in settlement. Filing a lawsuit often brings both parties to the table for a serious discussion.
4. Is litigation public or private?
Litigation is generally public, meaning court documents and proceedings can be accessed by others unless sealed by a judge.
Final Thoughts: Litigation Is Serious—So Is Choosing the Right Attorney
Litigation is a powerful legal tool for resolving serious disputes, but it can also be stressful, expensive, and time-consuming without the right legal guidance. Whether you’re pursuing justice in a personal injury claim or defending against a lawsuit, having an experienced litigator can make the difference between success and loss.
At The Bill Connor Law Firm, we represent clients in a wide range of civil litigation matters throughout Charleston, South Carolina, and beyond. As a retired U.S. Army Colonel and an AV® Preeminent™ Peer Review Rated attorney, Bill Connor combines discipline, strategic thinking, and tenacity in the courtroom.
If you’re considering filing a lawsuit—or have been named in one—don’t wait. Contact The Bill Connor Law Firm today for a consultation, and let us fight to protect your rights, your reputation, and your future.
