The litigation process can be a very foreign process for the average person. The first part of the process
is filing a Complaint against the insurance company, alleging what the insurance company has done
wrong. When dealing with property damage, this is a breach of contract action in which we allege that
the insurance company has broken the contract, which is the insurance policy. After they are served
with the lawsuit, the insurance company then has 20 days to respond to the Complaint.
The next part of the process is the discovery process, where the insurance company typically requests to
take the depositions of the homeowners to find out what they know about the claim and where we
request to take the depositions of the witnesses for the insurance company to gather information. Once
experts are retained on each side, those depositions also happen during the discovery process. There
are also written questions that are sent to each side to be answered throughout this process.
Sometimes the parties have issues that need to be worked out in front of a judge and hearings must be
scheduled. The client typically does not need to attend the hearings.
Before the case goes to trial, mediation is conducted between the homeowner(s) and the insurance
company, which is typically ordered by the court. This is where the parties meet, usually over Zoom, to
see if a settlement agreement can be reached without further litigation. If no agreement is reached,
then the litigation process continues.
During all stages of litigation, your attorney will attempt to settle your case. Most cases will be resolved
without the need for a jury trial. However, if the case does not settle, litigation will conclude with a jury
trial. During trial, each side presents their case in front of a jury panel and each side’s witnesses are
called to the stand to testify. The jury then decides as to which party should win based on all
the evidence presented at trial.
If you have any questions regarding any property damage claims, please reach out to Cohen Law Group
to answer your questions and help guide you in the right direction.
COHEN LAW GROUP
