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What Is Pre-Litigation? 5 Essential Things To Know

Media, newspapers, and movies have portrayed that cases are predominantly settled inside court only. But in reality, most cases, especially the personal injury case, can be settled outside the court without going through the trial process.

There are plenty of ways to do it, and pre-litigation settlement is one of them. So let’s figure it out, read further, and see what a pre-litigation settlement is and the process involved.

What is Pre-Litigation Settlement?

Pre-litigation is a consensual process under which the plaintiff and the respondent settle the dispute peacefully. It is a less expensive route for everyone than hiring a personal injury attorney and taking your case to court. In the pre-litigation settlement phase, the attorney tries to settle the case before it escalates into a lawsuit.

What Happens During the Pre-Litigation Phase of My Case?

During the pre-litigation phase, there are pre-set protocols and stages like notices, demand, investigation, and settlement negotiations. Then, a pre-litigation attorney or case manager looks at everything and attempts to settle the case before filing a formal lawsuit. Below mentioned are the steps that take place during the
whole process:
Notice Phase: Once the party has decided to file a dispute claim, it should notify the other party. A notice is drafted, passed to the attorneys, and usually consists of insurance limits and the policy of the at-fault party.

Investigation Phase: The investigation phase aims to establish whether your claim is viable. Usually, in this phase, a foundation is built to make the case successful. But first, all the essential documents, like medical records, employment records, police reports, witness statements, etc., are gathered and examined properly.

Sending The Demand Letter: In a settlement demand letter, a party and the insurance company get a formal notice from the other party stating the claim. In this phase, you can include all the necessary alternative ways to settle the case, like medical tactics.

What is Discovery and Settlement in a Personal Injury Case?

In case you or your loved one was injured due to someone else’s fault filing a personal injury lawsuit is important to fetch fair compensation and get justice. Every personal injury lawsuit is different and has several stages; the discovery phase is one of them.

Gaining a better understanding of the accident discovery phase plays a crucial role. The whole purpose of this stage is to help the attorney gather the information that can support their case. Information can be collected through various sources like formal exchange of information between the involved parties, witness statements, facts about the case, etc.

Although there is no set period for the discovery phase’s completion, the discovery might be completed even before the negotiations with the at-fault party are completed. The gathered information may help you in earning a fair settlement.

The major steps involved in Discovery Process are:

Interrogatories: During this step, one party asks the other party questions about the case. The responsible party is under oath at that time, and they answer all the questions to the best of their knowledge.

Request For Documents: In this discovery process step, one party asks for evidence from other parties. A party is not bound to provide copies of documents and might even object to them. Usually, the documents include medical bills, damage reports, medical records, etc.

Admission Request: A series of allegations are presented to the other party. If the default agrees, an attorney will only focus on the disputed part and won’t waste any time.

After the discovery is ended, the next step in a personal injury case is to settle the case between the two parties. If the settlement does not happen, a trial will be conducted to recover the appropriate compensation for the damages.

What is Arbitration in a Personal Injury Case?

People usually look for two options while solving a personal injury case. Either they will go for a settlement or wait for a jury verdict. But there are other ways to resolve the case, such as arbitration.

Arbitration is a tactic through which a dispute is resolved outside a courtroom before an arbitrator. An arbitrator is a person who helps determine the case between the two parties and brings them to an agreement.

Two types of Arbitration come into play:
Voluntary Vs. Mandatory Arbitration: In the case of voluntary arbitration, both parties agree to resolve the case in this manner. Nobody has pressured them into choosing arbitration to resolve their dispute. At the same time, mandatory Arbitration occurs because of a clause in the insurance contract. The parties are obligated to seek help from a third party. A judge may also ask for mandatory arbitration to resolve a case.

Binding Vs. Non-Binding Arbitration: Before taking the case to an arbitrator, both parties should make it clear beforehand whether to have a binding or a non-binding decision.

A binding arbitration would mean that the decision is final and no changes will be appealed further. With a non-binding arbitration, there is room for more discussion, and there are chances of going to court.

About the Pre-Litigation Process

The pre-Litigation process is all the steps leading to a claim settlement. Do not consider pre-litigation as a process to end up a settlement; instead, it is a standalone process of its own. At the very moment that you contact your insurance company after an accident, the pre-litigation process begins. The steps involved in conducting the whole process are as follows:

● Forming a Claim
● Seeking an attorney for representation
● Damage of property, if any
● Recording statements with the insurance company
● Visiting the doctor and taking due care
● Negotiation with the insurance company
● Signing the releases

Advantages of Pre-Litigation in Personal Injury Cases

Some of the benefits of a fair pre-litigation settlement are:

● The liable and at-fault party agrees to pay you monetary damages without any trial or filing a lawsuit.
● An injured person recovers cash more quickly through a pre-litigation than a lawsuit.
● Compensation like hospital bills, lost wages, and medical care can be received quickly.
● The time and money of both parties are saved from the lengthy lawsuit.
● The uncertain decision in just trials is removed.

Contact Coleman Law Group to Get in Touch With the Best Pre-Litigation Attorney

Although the court does not mandate hiring a lawyer for a pre-litigation settlement case, having an experienced one by your side will only benefit you in getting fair compensation for your damages.

We at Coleman Law Group have a professional team of lawyers who are well-versed in resolving disputes outside the court. So no matter how hectic or challenging the whole process gets, our attorneys will ensure you get justice.

Please get in touch with our experts today to find the best lawyers for your pre-litigation settlement.

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