What Is Pre-litigation in a Personal Injury Case?

Most personal injury cases get settled out of court. Pre-litigation is an important step of litigation in a personal injury lawsuit. Before a lawsuit is filed, the injured party, with the help of an attorney, may try to resolve the dispute through negotiations with the party they believe is responsible for their injuries. This is referred to as pre-litigation. These measures are taken before litigation or legal action has begun.

Litigation typically refers to the process of suing for damages after someone has been injured, as personal injuries are typically caused by the negligent or intentional actions of another party. Common types of personal injuries include motor vehicle accidents, slip and falls, medical malpractice, dog bites, product liability, workplace accidents, nursing home abuse, and aviation accidents.

The major advantage with pre-litigation settlement is that – the liable party often agrees to pay the claimant without ever having to file a lawsuit or go to trial.  The injured victim will get the compensation much quicker through a pre-litigation settlement than if a lawsuit were filed. Also, both the parties can avoid going through a lengthy and formal litigation process.

Medical records that the attorney collects as evidence to prove the impact of the other person’s negligence in the victim’s life can be reviewed with support from professional medical review companies. Medical records aid the attorney to prove the proximity of the case. They also help in understanding the nature and extent of the injury, and emotional distress endured by the claimant.

What Does Pre-litigation Involve?

Although every case is different, the pre-litigation process typically involves gathering evidence, investigation, documenting damages, contacting and negotiating with insurance companies, preparing a demand letter and filing a lawsuit.

• Gathering evidence: The injured party or their attorney will gather evidence related to the accident or injury, including witness statements, police reports, medical records, and photographs.
• Investigation: The personal injury attorney will conduct an in-depth investigation to determine whether the facts and circumstances genuinely support a claim for damages. They will ensure that all the necessary evidence which can help prove the case is recovered.
• Documenting damages: Attorneys will obtain copies of their medical history and records and thoroughly review these documents to determine the full extent of physical, emotional, and psychological injuries resulting from the accident. Any damages – economic, non-economic or punitive – are carefully evaluated and factored into the overall value of the claim.
• Contacting and negotiating with insurance companies: The injured party or their attorney will contact the insurance company of the at-fault party to notify them of the injury and begin the claims process. They will negotiate with the insurance company to reach a settlement agreement, which may include compensation for medical expenses, lost wages, and pain and suffering.
• Preparing a demand letter: The attorney will prepare a demand letter outlining the damages, a brief description of the accident, medical expenses, a demand for the compensation for pain and suffering and the evidence for supporting the claim.
• Filing a lawsuit: If a negotiation or settlement cannot be reached during the pre-litigation phase, the injured party may choose to file a lawsuit in court to pursue compensation for their injuries.

Pre-litigation also typically involves consulting with third-party experts to learn more about the victim’s injuries, calculating the case’s value, and preparing legal arguments regarding why the victim is entitled to compensation. Personal injury pre-litigation is a crucial phase in the legal process because it can help establish liability, build a strong case, and potentially reach a settlement without the need for expensive and time-consuming litigation.