A personal injury can be a traumatic experience that leaves you with physical and emotional scars. When another person’s negligence causes your injuries, you might be eligible for compensation. The pre-litigation phase of your personal injury case is a critical stage that prepares your case for trial. During this stage, you will consult with a personal injury attorney, gather information, make inquiries, and conduct investigations to build your case. In this blog, we will cover what happens during the pre-litigation phase of your personal injury case.

Consulting, Gathering Information, and Conducting Investigations

The first step in the pre-litigation phase of your personal injury case is to consult with a personal injury attorney. During the consultation, the attorney will gather information about your case and advise you on the best course of action. After the consultation, your attorney will conduct investigations to gather evidence to support your case. This evidence may include medical records, police reports, eyewitness statements, and expert opinions. Your attorney will also make inquiries into the accident, including how it happened, who was involved, and whether any insurance policies apply.

Sending the Demand Letter

Once your attorney has gathered evidence and assessed your damages, they will send a demand letter to the insurance company. The demand letter outlines the specifics of your case and the amount of compensation you are seeking. The insurance company then has a set amount of time to respond, either by accepting the offer, negotiating a settlement, or denying the claim.

Settlement Negotiations

If the insurance company responds to the demand letter by negotiation, your attorney will engage in settlement negotiations on your behalf. The goal of the settlement negotiations is to reach a mutually beneficial agreement that covers your expenses and damages. Settlement negotiations can involve back and forth communication between your attorney and the insurance company until both parties reach an agreement.

Decision to Litigate

If settlement negotiations do not lead to an acceptable agreement, your attorney may recommend litigating the case. Litigation involves filing a lawsuit and taking the case to court. During litigation, both parties present their case to a judge or jury who will make a decision on the case. Litigation can be a long and complicated process, but a skilled personal injury attorney will help you navigate the system and advocate for your rights.

The pre-litigation phase of your personal injury case is a critical stage that prepares your case for trial. Consulting with a personal injury attorney, gathering information, making inquiries, sending a demand letter, and engaging in settlement negotiations are all critical components of the pre-litigation phase. If you have been injured due to someone else’s negligence, it’s essential to consult with a personal injury attorney who can guide you through the legal process and help you get the compensation you deserve. Contact a skilled personal injury attorney today to learn more.