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The pre-litigation process is the time before a personal injury claim is filed in court. During this time, the injured person (the plaintiff) and the at-fault party (the defendant) try to reach an agreement about who will pay for the damages caused by the accident. If they can’t reach an agreement, the case will go to trial.
The pre-litigation process can be divided into three main stages:
1. Investigation
After an accident, the first step in the pre-litigation process is usually an investigation. The purpose of this investigation is to gather evidence to support the injured person’s claim. This evidence can come in the form of police reports, witness statements, photos, and medical records.
2. Demand
Once the investigation is complete, the next step is to make a demand for compensation from the at-fault party. This demand will list the injuries and damages caused by the accident, and it will state the amount of money that the plaintiff is asking for. The demand will also give the at-fault party a deadline to respond.
3. Negotiation
If the at-fault party agrees to pay the amount of money demanded, then the case will settle, and no further legal action will be necessary. However, if the at-fault party does not agree to pay the amount of money demanded, then the case will go to trial.
Do I Need a Lawyer During the Pre-Litigation Phase?
Insurance companies will often take advantage of people who are not represented by a lawyer. They will lowball the initial settlement offer, or they may even deny the claim altogether.
The pre-litigation phase is often the most important time in a personal injury case, so having a lawyer is crucial to the success of your case.
What Damages Can a Personal Injury Lawyer Help Me Recover?
A personal injury attorney can help you get both economic and non-economic compensation. Economic damages are those that have a monetary value associated with them, such as medical expenses, lost wages, and property damage.
Non-economic damages are more difficult to quantify because they do not have a specific dollar amount attached to them. These damages include pain and suffering, emotional distress, and loss of enjoyment of life.
When Should I Call a Personal Injury Lawyer?
You’ve been in an accident, and you think you may have a personal injury claim. What should you do next? Many people wait to call a lawyer, thinking they can handle the insurance claim themselves. But insurance companies are not on your side, and their goal is to pay you as little as possible or nothing at all.
Calling a personal injury lawyer early in the process can level the playing field. Your lawyer will know how to deal with the insurance company and can protect your rights. It’s important to understand that you have only a limited amount of time to take legal action after an accident, so don’t wait too long to call a lawyer. Start right now and call us at (912) 401-8880.
