In the United States, lawsuits are far more common than most people realize. From contract disputes and personal injury claims to criminal cases and employment lawsuits, litigation plays a central role in how Americans resolve conflicts. According to data from the American Bar Association, millions of civil cases are filed in state and federal courts each year, and criminal prosecutions are even more frequent. Yet, despite its prevalence, many Americans have misconceptions about how litigation actually works.
Why should this matter to you? Because whether you are a business owner, employee, landlord, tenant, consumer, or just an ordinary citizen, you may one day find yourself in court—either as a plaintiff or a defendant. Litigation can be intimidating, expensive, and time-consuming, but understanding the process is the first step toward navigating it successfully.
This article explores 10 facts about litigation every American must know, offering clarity on the court process, your rights, and the role lawyers play. By learning these facts, you’ll be better prepared if you ever need to file a lawsuit, defend yourself against one, or simply understand the legal system that governs daily life.
1. Litigation Covers Both Civil and Criminal Cases
The term litigation doesn’t only apply to criminal trials—it also includes civil lawsuits.
Civil Litigation
Civil litigation arises when individuals, businesses, or organizations sue each other over disputes. Common examples include personal injury claims, property disputes, contract breaches, and employment law issues.
Criminal Litigation
Criminal litigation occurs when the government prosecutes an individual for breaking the law. Charges can range from misdemeanors like theft to serious felonies such as homicide.
Key Point: Every American should understand that litigation is a broad term that encompasses more than just courtroom dramas—it touches both personal rights and public safety.
2. Most Cases Never Go to Trial
Hollywood often portrays litigation as dramatic courtroom battles, but in reality, most cases end long before a jury is involved.
Settlements
In civil cases, over 90% of lawsuits are settled before reaching trial. Settlements allow both parties to avoid lengthy proceedings, legal fees, and the uncertainty of a jury verdict.
Plea Bargains
In criminal litigation, prosecutors often offer plea deals where defendants plead guilty to lesser charges in exchange for reduced sentences.
Example: A personal injury claim might settle out of court when the insurance company offers compensation that the plaintiff accepts.
3. Litigation Can Be Expensive
One of the most sobering facts about litigation is how costly it can be.
Legal Fees
Attorneys often charge by the hour, with rates ranging from $150 to over $500 per hour depending on experience and location.
Court Costs
Filing fees, expert witnesses, depositions, and administrative costs quickly add up. Some complex cases can cost tens of thousands of dollars.
Contingency Arrangements
In personal injury cases, lawyers often work on contingency, meaning they only get paid if you win, usually taking 30–40% of the settlement.
Tip: Always discuss fee structures with your lawyer before filing or defending a lawsuit.
4. Litigation Is Time-Consuming
Patience is essential in litigation.
Pretrial Proceedings
The discovery phase, which involves gathering evidence, depositions, and motions, can take months—or even years.
Court Scheduling
Court calendars are notoriously full, leading to delays in hearings and trials.
Example: A civil lawsuit involving complex contracts may take 2–3 years to reach a resolution, even if it doesn’t go to trial.
Key Point: Americans should prepare for the long haul when engaging in litigation.
5. Evidence Determines the Outcome
In litigation, evidence is everything.
Burden of Proof
- In criminal cases, the prosecution must prove guilt “beyond a reasonable doubt.”
- In civil cases, the plaintiff must show a “preponderance of evidence,” meaning it’s more likely than not that their claim is true.
Types of Evidence
Evidence can include witness testimony, documents, digital records, expert opinions, and physical objects.
Example: In a car accident case, surveillance footage or cellphone records can be pivotal in proving liability.
6. Discovery Is Often the Longest Phase
The discovery process is a crucial step in litigation.
What Is Discovery?
Discovery is when both sides exchange evidence and information relevant to the case. This includes written questions (interrogatories), document requests, and depositions.
Why It Matters
Discovery ensures transparency and prevents trial surprises. However, it also makes litigation lengthy and expensive.
Example: In employment disputes, discovery may involve combing through thousands of emails to uncover discriminatory practices.
7. Judges and Juries Play Different Roles
Not all litigation is decided by juries.
Judge’s Role
A judge oversees legal procedures, interprets the law, and ensures fairness. In some cases, judges also decide the verdict.
Jury’s Role
In jury trials, jurors evaluate evidence and determine facts. They are the “fact-finders” while the judge interprets the law.
Key Point: In civil litigation, parties can sometimes choose whether to have a jury trial or a bench trial (decided by a judge).
8. Appeals Are Possible but Limited
Losing in court doesn’t always mean the end.
Grounds for Appeal
Appeals are based on legal errors made during trial, not just dissatisfaction with the outcome.
Appellate Courts
Appellate judges review trial records, but they don’t hear new evidence or witnesses.
Example: If a judge wrongly admitted evidence, the losing party may appeal for a new trial.
Tip: Appeals can be even more expensive and time-consuming than the original case.
9. Alternative Dispute Resolution (ADR) Can Replace Litigation
Many disputes never enter litigation because of ADR methods like mediation and arbitration.
Mediation
A neutral mediator helps both parties negotiate a resolution without court involvement.
Arbitration
An arbitrator acts like a private judge, making binding decisions after hearing both sides.
Benefits: ADR is faster, cheaper, and less adversarial than litigation, making it popular in business and employment disputes.
10. Having a Skilled Lawyer Is Crucial
Perhaps the most important fact about litigation is that the outcome often depends on the quality of your lawyer.
Why Lawyers Matter
Experienced attorneys understand procedures, gather evidence effectively, negotiate settlements, and represent clients in court with skill.
Risks of Self-Representation
While you can represent yourself (called “pro se litigation”), the legal system is highly complex, and mistakes can cost you your case.
Example: A skilled criminal defense lawyer may secure reduced charges or even dismissal of the case by identifying flaws in the prosecution’s evidence.
Conclusion
Litigation is a cornerstone of the American legal system, but it is often misunderstood. By understanding these 10 facts about litigation every American must know, you can better navigate potential legal challenges. From the cost and time involved to the importance of evidence, discovery, and strong legal representation, knowledge is your best defense.
Whether you’re pursuing a civil lawsuit or facing criminal charges, don’t walk into litigation blind. Educate yourself, consult with a skilled lawyer, and weigh all options, including settlement or ADR. Litigation may be complex, but with the right preparation and legal counsel, you can face it with confidence.
Frequently Asked Questions (FAQ)
1. What is the difference between civil and criminal litigation?
Civil litigation involves disputes between individuals or businesses, while criminal litigation involves the government prosecuting someone for a crime.
2. How long does litigation usually take?
It varies widely, but most cases take months to several years, depending on complexity and court schedules.
3. Can I represent myself in litigation?
Yes, but it’s risky. The legal process is complex, and skilled lawyers dramatically increase your chances of success.
4. What are alternatives to litigation?
Mediation and arbitration are common alternatives, often faster and less expensive than going to trial.
5. Do all lawsuits go before a jury?
No. Many cases are decided by judges alone, and the vast majority settle before ever reaching a jury trial.