Pre-litigation refers to the legal process that happens before a lawsuit is filed. While every case is different, the pre-litigation phase typically includes protocols and stages such as notice, investigation, demand, and settlement negotiations.
Case Managers and attorneys spend a significant amount of time in the pre-litigation phase attempting to settle a case before a formal lawsuit is filed. However, at Burnetti, P.A. we do not assume every case will settle and prepare every case as if we are going to file suit if it is found to be necessary.
One of the pre-litigation phases is notice. During the notice phase, a letter is often sent out by attorneys who represent the injured client. The letter typically requests for the at-fault party’s insurance policy limits and coverage.
The investigation phase is extremely important as it builds the foundation for a successful case. Facts, documents, medical records, employment records, police reports, and witness statements are all gathered and thoroughly examined.
After the investigation phase, a demand letter is usually sent out to the at-fault party’s insurance company. The letter may include details such as the extent of the injuries and damages as well as describing the incident.
Once the demand letter goes out, settlement negotiations begin between the insurance company, attorneys, and client. This phase can also include alternative ways to attempt to settle a case before litigation is necessary, including mediation tactics.
If settlement negotiations are not successful, then the attorney may feel it is in the client’s best interest to proceed with filing a lawsuit and going through a formal discovery process. Unlike some law firms, all of Burnetti, P.A.’s personal injury attorneys have tried cases in court and have received numerous seven-figure settlements.