Lawsuit vs Litigation

If you’re confused about the difference between a lawsuit and litigation, you’re not alone. These legal terms are often used interchangeably, but they don’t mean exactly the same thing.

A lawsuit is a specific legal case filed in court. It is the formal action where one party sues another. On the other hand, litigation is the entire legal process that surrounds a lawsuit. It includes everything from investigation and pre-trial motions to discovery, courtroom proceedings, and potential appeals. In summary, every lawsuit is part of litigation, but litigation can begin before a lawsuit is ever filed.

At Novian & Novian, we have a team of legal experts who provide advice to client’s based on their needs and situation. With more than 30 years of experience in the industry, we are fully prepared to assist you with a wide variety of legal matters including business litigation. Reach out to us now for a consultation on your legal issues!

This blog will explain the difference between lawsuits and litigation in detail. It will also help you understand how each stage works if you’re facing a legal dispute.

What Are Lawsuits?

The purpose of a lawsuit is to resolve disagreements or damages the plaintiff believes were caused by the defendant’s actions or inactions. The plaintiff seeks a legal remedy requiring the defendant to fulfill an obligation.

When filing a lawsuit, the plaintiff must have a legitimate reason to bring the case to court. This is known as standing. It means they have been directly affected by the issue at hand. The lawsuit must also be based on a legal ground or claim. It could be a breach of contract, negligence, or violation of rights. 

Lawsuits operate on an adversarial system. It means each side presents its case, and an impartial judge or jury determines the outcome. Common reasons for filing a civil lawsuit include contract claims or disputes, personal injury, employment disputes, property disputes, and consumer complaints. 

In filing a lawsuit, you must first consult a lawyer to discuss the merits of the case. At Novian & Novian, we have expert attorneys who can help you with your lawsuit. We help you prepare and file legal documents called complaints. 

In the process of filing a lawsuit, the defendant is formally notified of the lawsuit through a process called service of process. The defendant must respond to the allegations, either by agreeing, denying, or presenting a counterclaim.

If the case is not settled out of court, it proceeds to trial, where both sides present their arguments and evidence. After the trial, a judgment is issued. Afterward, the losing party may have the option to appeal the decision.

What Is Litigation?

While a lawsuit is a formal court case brought by one party against another, litigation refers to the entire legal process surrounding disputes. Litigation is the process of resolving disputes or defending rights through the legal system. It encompasses the entire sequence of actions taken in legal disputes, from investigation and pre-litigation negotiations to trials and appeals. Litigation is not limited to what happens in court but includes all legal maneuvers and procedures that occur before, during, and after a lawsuit.

Litigation starts with the pre-litigation negotiations stage, which attempts to resolve the dispute before going to court. Discussions or mediations are the methods used for this stage. 

If negotiations fail, the plaintiff files a formal complaint against the other party (the defendant) in court, initiating a lawsuit. The next stage is the discovery stage, where the two parties investigate the facts of the case. It includes depositions, interrogatories, and requests for documents.

The case goes to trial if it is not resolved during the earlier stages. Here, the two parties present their evidence and arguments before a judge or jury. After the trial, there may be appeals, where the decision can be challenged and reviewed by a higher court. Once all appeals are exhausted, the final judgment is enforced.

Examples of litigation scenarios include commercial litigation, personal injury litigation, environmental litigation, public interest litigation, intellectual property litigation, family law litigation, and civil rights litigation. For expert advice on navigating litigations and the legal landscape, reach out to us today! We have lawyers who are always ready to act in your best interest!

Difference Between Lawsuit and Litigation

Understanding the distinction between a lawsuit and litigation is crucial, as they are often misconceived as interchangeable terms. Here are some key differences for better clarification: 

When Is a Lawsuit Part of Litigation?

A lawsuit becomes part of litigation the moment a formal complaint is filed in court by one party (the plaintiff) against another (the defendant). From that point on, both parties become litigants, and the matter enters the broader judicial proceedings known as litigation.

While litigation can start with written questions, investigations, and pre-filing negotiations, the lawsuit itself refers specifically to the civil action that’s initiated in court. Lawsuits can involve numerous legal issues, ranging from contract claims and equitable claims to personal injury litigation and public interest litigation, and may be resolved through trial, appeal, or a settlement agreement.

In essence, filing a lawsuit marks a key phase of the legal process, but litigation includes everything leading up to and following that step.

How Long Does Litigation Take Compared to a Single Lawsuit?

Litigation can often take longer than a single lawsuit, depending on the complexity of the legal dispute, the number of parties involved, and whether higher courts or appeals are part of the case. A straightforward civil lawsuit may be resolved within months, especially if a settlement is reached early. However, full-scale litigation, particularly in personal injury cases, insurance company disputes, or multi-party civil cases, can take years.

The legal action may involve gathering evidence, multiple court motions, jury selection, and a full trial. Additionally, lawyers or litigators representing either party may need time to negotiate a settlement agreement or prepare for trial. The timeline varies significantly based on jurisdiction, case type, and whether the defendant contests the claim.

How Does Litigation Affect Businesses Differently Than Individuals?

For companies, litigation can be a major financial and reputational risk. Unlike individuals who may pursue legal remedies for personal injury or equitable claims, businesses often face civil cases involving contract disputes, regulatory compliance issues, or actions brought on behalf of shareholders or the public. These types of disputes can tie up resources, damage brand reputation, and impact operations.

Businesses typically work with specialized litigators who focus on protecting their best interests, minimizing exposure, and navigating both civil and commercial legal disputes. Individuals, on the other hand, often engage in litigation for matters that affect them personally, such as a lawsuit against an insurance company, a civil action over unpaid wages, or a personal injury claim.

In either case, having experienced lawyers is critical, but for companies, the stakes and legal strategy tend to be broader and more complex.

What Are Alternatives to Litigation for Resolving Disputes?

When a full lawsuit or lengthy litigation isn’t ideal, many parties explore alternative dispute resolution (ADR) methods. These include:

• Mediation – a neutral third party helps the litigants reach a voluntary settlement agreement.
• Arbitration – a more formal process where an arbitrator issues a binding decision.
• Negotiation – direct discussion between the two parties or their lawyers to reach a resolution without court intervention.

These alternatives save time, reduce costs, and often preserve relationships better than adversarial court battles. Especially in civil cases, ADR can be a way to enforce legal rights without enduring a drawn-out trial process.

Navigating Legal Challenges With Novian & Novian

In this blog, we’ve explained the difference between a lawsuit and litigation, which is essential for anyone navigating the legal system. By knowing how each fits into the broader legal process, individuals and businesses are better equipped to make informed decisions and work effectively with their legal team.

Working with a lawyer from Novian and Novian would be in your best interests, as we have extensive knowledge in various legal areas. We also provide personalized attention to each case and strive to build a relationship based on trust and transparency with all clients. 

Reach out to us now if you’re facing a potential legal dispute or lawsuit – We can help you understand your rights and obligations in complex situations.