What to Expect During the Pre-Litigation Phase of Your Personal Injury Case

Jared Tomassi • September 29, 2023

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.

A bicycle is parked on a dirt road in the woods.

Understanding Liability in Rhode Island Bicycle Accidents

November 20, 2024
Understanding Liability in Rhode Island Bicycle Accidents
A scale of justice is sitting on a wooden table next to a gavel, representing the topic of wrongful death lawsuits in RI.

Who Can File a Wrongful Death Lawsuit in Rhode Island?

September 25, 2024
Who Can File a Wrongful Death Lawsuit in Rhode Island?
A long exposure photo of a highway at night

Understanding the Statute of Limitations for Car Accidents in Rhode Island

September 24, 2024
Understanding the Statute of Limitations for Car Accidents in Rhode Island
A scale of justice and a judge 's gavel are on a wooden table.

Understanding Premise Liability in Rhode Island

July 13, 2024
Understanding Premise Liability in Rhode Island
A stack of papers tied together with a string on a table.

Estate Administration in Rhode Island: Who is in Charge?

June 13, 2024
Estate Administration in Rhode Island: Who is in Charge?
A person is holding a cell phone with a picture of cars on the screen.

Who Determines Fault in a Car Accident in Warwick?

May 13, 2024
Who Determines Fault in a Car Accident in Warwick?
A notebook with the word probate written on it, representing probate law in Rhode Island.

When to Contact a Probate Law Attorney in Rhode Island

By Jared Tomassi • April 29, 2024
Dealing with the passing of a loved one is never easy, and navigating the legal process of probate can add an extra layer of stress during an already difficult time. If you are a Rhode Island resident who has recently lost a family member or friend, you may be wondering when it is appropriate to contact a probate law attorney for assistance. In this blog post, we will discuss the situations in which seeking legal guidance from a probate attorney is recommended and how they can help you through the probate process. The first situation in which it is advisable to contact a probate law attorney is if the deceased person did not leave behind a will. When someone passes away without a will, their estate must go through the probate process in order to distribute their assets according to state law. A probate attorney can help navigate this complex process and ensure that the estate is distributed fairly and in accordance with Rhode Island laws. Another reason to contact a probate law attorney is if there are disputes among family members regarding the distribution of assets or the validity of the deceased person's will. Emotions can run high during these situations, and having an experienced attorney on your side can help resolve conflicts and prevent costly litigation. A probate lawyer can act as a mediator between family members and work towards finding amicable solutions that benefit everyone involved. Additionally, if you are named as the executor of an estate, it is highly recommended to seek legal counsel from a probate law attorney. The role of an executor comes with many responsibilities, including inventorying assets, paying debts, and distributing property to beneficiaries. A probate attorney can provide guidance on fulfilling these duties correctly and efficiently, ensuring that all legal requirements are met throughout the probate process. If you suspect that someone has unduly influenced or coerced the deceased person into making changes to their will or estate plan, contacting a probate law attorney is essential. Cases of undue influence or fraud can invalidate a will or trust document, leading to disputes among beneficiaries and potential legal challenges. A skilled lawyer can investigate these claims, gather evidence, and advocate for your rights in court if necessary. Navigating the complexities of the probate process can be overwhelming for individuals who have recently lost a loved one. Seeking guidance from Tomassi Law in Rhode Island can ease some of this burden and ensure that your interests are protected throughout the proceedings. Whether you are dealing with issues related to intestacy, family disputes, executor duties, or potential fraud, an experienced lawyer can provide invaluable support and representation. Do not hesitate to reach out for legal assistance during this challenging time.
A large house with a lot of windows and a garage on a rainy day.

Important Things to Know About Buying a Home in Warwick

March 13, 2024
Important Things to Know About Buying a Home in Warwick
A scale of justice is sitting on a wooden table next to a gavel.

Understanding Wrongful Death Lawsuits in Rhode Island

February 14, 2024
Understanding Wrongful Death Lawsuits in Rhode Island
A man and a woman are shaking hands in an office.

Protect Your Assets with a Trust: A Guide for Warwick Residents

February 12, 2024
Protect Your Assets with a Trust: A Guide for Warwick Residents
More Posts
Share by: