Pre-Litigation Phase in Personal Injury Cases: What to Expect

The legal process is the last thing on your mind when you get in a car accident. It's a traumatic experience, and it takes time to recover from the shock of being involved in an accident. To continue living your life, you want to get better as soon as possible. Let's imagine you are in an accident and sustaining wounds that take some time to recover from.

Do you need to consult a personal injury attorney? This article will cover what occurs in your injury case's pre-litigation stage and how a lawyer might be of assistance.

What Is the Pre-Litigation Phase of a Personal Injury Case?

The pre-litigation phase is before you file a lawsuit to claim compensation for your injuries. It's also known as the "discovery" phase because you need to gather and share evidence, including witness statements and medical reports, to support your claim. During this phase, you'll want legal representation. Your lawyer will gather and exchange evidence with the insurance company. The idea is to build a strong case before you file a claim.

The pre-litigation phase usually lasts between 30-60 days, depending on the jurisdiction where the accident occurred and the complexity of the claim. Medical care lost wages, and your car insurance policy, health insurance policy, or insurance claim may cover car repair or replacement costs. However, if there's excess coverage on your car insurance policy, you may also file a lawsuit against the responsible party. That's when your injury lawyer comes in.

What Happens During the Pre-Litigation Phase?

During the pre-litigation phase, your lawyer will gather evidence of your accident. This includes: 

• Records of your medical treatment: You'll need to provide your doctor's records to establish the level of your injury, the costs of treatment, and the amount of time it'll take to recover. Your doctor can also estimate your future care costs. 
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• Witness statements: If you were injured in the accident, you should identify yourself as the injured party and gather witness statements from the people with you at the time of the accident. If you were a witness to the accident, you'd need to identify the parties involved and provide a statement to the insurance company. 
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• Police report: If the accident was reported to the police, you could request a copy of the report from the authorities. This report may prove helpful in your claim. 
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• Photos of the accident scene: If you have photos, you should share them with your lawyer. This may also prove beneficial in your claim. 
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• Details of the accident: You should provide as much detail as possible about the accident; who was driving, the traffic conditions, weather conditions, speed, and other relevant factors.

Why Hiring a Lawyer is Important During the Pre-Litigation Phase?

During the pre-litigation phase, you and the insurance company constantly communicate as you exchange evidence and discuss your injuries. Unfortunately, the insurance company is only sometimes motivated to settle your claim quickly and fairly. They're trained to be as slow-moving as possible to wear you down. They want you to give up and pay for less than you deserve. That's why you need legal representation:

• You'll benefit from the experience. Your lawyer will know the right evidence to gather, the proper settlement amount, and the best strategy to move your case forward.
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• Insurance companies know many people will give up during the pre-litigation phase. Your lawyer will negotiate and ensure you get the compensation you deserve.
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• Attorneys work on contingency. This means you don't need to worry about upfront costs and don't pay unless you win your case.
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• Your lawyer has the skill and expertise to guide you every step. This is very stressful, and you need someone to guide you.

Negotiations During the Pre-Litigation Phase

After gathering evidence and building a case, your attorney will negotiate a settlement with the insurance company. The insurance company will likely offer a lowball number, but your lawyer will fight for more significant compensation. During this phase, your lawyer will use everything you've gathered. That includes:

• The details of the accident
• The road conditions, traffic lights, and weather.
• Your medical records
• The amount of time it'll take you to recover fully, any long-term effects of your injuries, and the costs of your medical care.
• Your witness statements
• The details about your injuries, the pain you've suffered, and the impact on your daily life.
• Details of the insurance policy
• How much your insurance company is liable to pay?
• Insurance company records
• Details regarding the number of accidents they've been involved in, the number of people they've injured, and how they've settled past cases.

Representing You During the Pre-Litigation Phase

Your attorney will always represent you, even before you sign a retainer agreement. For example, your attorney will be communicating with the insurance company on your behalf. They'll also gather evidence and build a strong case for your future claim. Once you sign a retainer agreement, your attorney becomes your agent, fully authorized to act in your name. During the pre-litigation phase, your attorney may need to:

• Attend a deposition: A deposition is a formal meeting with the insurance company. Your lawyer will be present and ask questions. You do not need to be present at a deposit.
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• Represent you in court: Your lawyer will attend court proceedings if you're involved in a lawsuit. They'll also be there if you need to serve legal papers on the other party.

Conclusion

The pre-litigation phase is a critical part of your injury case. This is when you gather evidence, build a case, and negotiate a settlement with the insurance company. Your attorney will work on your behalf throughout this phase and represent you once you sign a retainer agreement. You should immediately consult a lawyer if you are hurt in an accident. During the pre-litigation stage, your lawyer will help you gather evidence, build a case, and negotiate a settlement with the insurance company.