If the settlement talks fail to bring resolution to the matter, a variety of pleadings and motions will be made before the court in an attempt to dismiss, change or amend motions brought by the plaintiff.

The pleadings are then followed by the discovery process, where both parties exchange relevant information and argue further motions before the pre-trial phase begins. Pre-trial is a time of preparation for trial, including retaining expert witnesses and developing a trial strategy.

If it becomes impossible to avoid civil litigation, a trial will take place and both parties will present their arguments. Fortunately, in most civil cases, a settlement is reached and a trial is avoided. A settlement can be reached at any point during a civil litigation. Settlements generally come as the result of conferences, negotiations, mediation, settlement brochures, releases and other legal materials.

If a settlement is not reached and your attorney does not win your case, you can still apply for an appeal to your personal injury case.

During the appeal process, your attorney will draft post-trial motions and work to identify and document issues that provide grounds for appeal. An appeal strategy will be developed as ongoing investigations and evidence gathering continues.

Your best chances to avoid civil litigation are by working closely with a skilled and experienced attorney who understands the rules and procedures in the court process. Civil litigation can be expensive and very time consuming. A case can be drawn out for a very long time, resulting in loss of work time, ongoing stress and continuing costs. The good news is a qualified attorney will very often be able to help you reach a settlement or perhaps find reasons to dismiss the suit and help you avoid civil litigation in the first place.

Lawyers in Boston of the MA general practice law firm Nigro, Pettepit & Lucas, with offices in Wakefield and Newburyport, provide full service litigation and dispute resolution in the Boston area and throughout Massachusetts. For more than 65 years, Nigro, Pettepit & Lucas, LLP has helped clients find comprehensive, global solutions to their legal matters or disputes, taking into account the short-term goals as well as the long-term goals of each client. Nigro, Pettepit & Lucas, LLP, has a well-earned reputation for dedicated and effective representation, creative legal strategies, and successful dispute resolution – both in court and at the negotiating table. Contact Nigro, Pettepit & Lucas, LLP, for a knowledgeable resolution to your legal problem.

No different than a company an individual who is in a dispute may also be eligible to secure commerical litigation financing. When an individual secures financing for a commercial dispute they too can use the money however they deem fit. Using the same scenario an individual may have put up tens of thousands of dollars copyrighting a product only to find out a company or another individual is producing the product without consent. The company may or may not have profit from the item regardless they are still committed copyright infringement which can adversely effect the plaintiffs ability to profit from his product.

Attorney’s can also apply for lawsuit loans for commercial litigation cases. When an attorney secures financing they oftentimes need the money to help pay for costs directly associated with the case. For instance if an attorney is fighting a copyright infringment case against a large manufacture chances are the company has hired a team of defense attorney to handle the case. Oftentimes these companies have deep pockets and willing to spend as much money litigating the case as necessary. For smaller law firms this could mean the difference of winning full compensation or going broke trying to litigate a multi-million dollar case.

Regardless of the scenario when someone decides to secure commercial litigation financing they will do so through a lawsuit funding company. Lawsuit funding is much different than a bank. A bank would never loan money against a pending lawsuit nor would they loan money on a contingency fee basis. For most pre settlement cases the loan comes as non recourse meaning you only pay back the lender if you win the case.