Pre-litigation is a reference commonly associated with a period of time prior to case being actually filed in the litigation process. This period of time is relevant to the process because if things are done incorrectly during this time, it could impact the case.
Sending Legal Notices
In this very important period, the claimant should send the appropriate legal notice to the opposing entity, and this notice should also be delivered to the opposing group’s insurance company. The notice should be delivered prior to the evidence collection phase of the process, but very competent legal counsel should draft it. Following these steps allows all parties involved to properly prepare for the impending trial without incurring any further legal issues that may affect the case.
Next in the pre-litigation phase is examination. The documents involved in the case should be gathered and place into a comprehensive file. Some pertinent documents include medical and employment records as well as the details concerning the injuries and the corresponding damages.
Witness statements are collected in this stage from everyone involved in the case by interview, and then a demand letter is drafted and delivered to the insurance company. This letter should detail the incident and the related injuries along with medical records and any expert examination.
Settlements or Negotiations
In this phase of the pre-litigation process, settlements and or negotiations can also take place. Both parties often enter these negotiations amicably, and out of court settlements are definitely a possibility during this stage. Although informal, litigation attorneys and insurance professionals are present and often agreements are reached at this point. However, if a settlement does not occur, the claimant will file the case. So it is necessary to utilize this phase correctly, or the case can be upended before the case begins. Contact our Palm Springs business litigation law firm for a consultation on your case.