What Is General Litigation?
You may have heard the word ‘litigation’ being used in the legal profession, and the word actually means the process of taking someone to court.
Defining General Litigation
According to Legal Dictionary, the definition of litigation is as follows, “When a person, business, or entity enters into a lawsuit, whether they have filed the lawsuit, or are responding to it, they are entering into a process known as “litigation.” Lawsuits or “actions” are brought before the court for the purpose of enforcing a particular right. The process of litigation is actually a series of steps taken to resolve the matter, whether through negotiations toward a settlement, or a court trial.”
Common Forms of General Litigation
There are a number of different forms of general litigation. Whilst they are all different, certain aspects of them can also overlap.
Plaintiff Personal Injury
In law, the plaintiff is defined as the person that brings a lawsuit against someone else. The term itself is no longer used in UK law, where the person bringing the claim is now referred to as a ‘Claimant’. In terms of personal injury, this will usually be the person who has been injured and feels that they need compensation from the person that they believe was responsible for the injury.
In personal injury cases, compensation can be sought for a range of different aspects that have been suffered as a result of the accident. These can include:
- Compensation for pain and suffering
- Compensation for loss of the enjoyment of life
- Lost wages
- Damage to property
- Wrongful death
- Compensation for loss of earning capacity
- Medical bills and expenses
- Permanent or long-term disability
- Mental distress
In these cases, the plaintiff, or Claimant, must demonstrate that the actions of the accused (the defendant) caused the personal injury.
Workers’ compensation is in place for people who are injured, killed, or suffer illness as a result of carelessness, negligence, or lack of training at work.
Workers’ compensation is usually claimed by people who suffer physical personal injury at work, but it can also be used to claim for compensation for issues such as bullying, discrimination, harassment, unfair dismissal, and stress.
All employers in the UK must have Employers Liability Insurance to enable them to be able to pay out any compensation that is due, and if you believe that you have a case against an employer, it is important to get the guidance of a legal professional.
If you believe that you have been wronged at work and that you have a case against your employer in terms of professional negligence, breach of contract, or general business disputes, for example, you can look into litigation.
In this case, you should normally speak to a lawyer, presenting them with the evidence that you have against your employer and they will advise you on the next steps to take. It is often the case that businesses will look to settle these disputes through mediation and before it goes to court as it can be damaging to their reputations.
In the UK, corporate litigation comes under corporate law. It gives investors the right to protect themselves against a wrong in the company such as a board of directors. Generally speaking, the plaintiff in corporate litigation is a shareholder, director, or member. We sometimes see business partners suing each other, for fraud or breach of contract, for example.
Corporate litigation can also cover copyright issues, breach of fiduciary duty, trademark infringement, and unfair competition.
Collection litigation refers to the collection of money that is payable to someone. Lawyers will always try to obtain the money that is owed to their clients by other means before it goes to court, but in some cases, this is the most effective way of collecting the money that is owed to them.