Personal injury claims are legal disputes that occur when negligent individuals inflict harm on another person, often due to an accident. Litigation is the process of taking legal action, and therefore, pre-litigation measures are steps taken before litigation has begun.
Pre-litigation is a vital part of a personal injury lawsuit’s success. It involves gathering evidence, consulting with experts, and following pre-trial procedures. Many personal injury claims settle through insurance claims. Chances are, even if your lawyer files a lawsuit, you could still resolve your case out of court.
What does Pre-Litigation Entail?
Although every case is different, the pre-litigation process typically includes actions such as providing notice, conducting an investigation, sending a demand letter, and engaging in settlement negotiations.
More specifically, pre-litigation also typically involves:
- Consulting with third-party experts to learn more about the victim’s injuries
- Calculating a case’s value
- Preparing legal arguments regarding why the victim is entitled to compensation
- Filing a claim with the defendant/insurer and negotiating a settlement
O.C.G.A. § 9-3-33 notes that you generally have two years to file an injury lawsuit. Pre-litigation in Georgia generally involves filing your case within this period. If you don’t, you could lose the right to seek damages––even through an insurance claim.
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The Steps You Take After Getting Hurt Are Crucial to Pre-Litigation
Pre-litigation is more than filling out forms and submitting them to the appropriate court; it also involves the steps you take after getting hurt. Regardless of whether your case goes to trial, these steps could promote its outcome:
Seek Treatment for Your Injuries
If you suffered harm, you should seek medical attention as soon as possible. Your lawyer can use your imaging scans, lab test results, and other information to prove your condition’s severity.
Proving that you suffered harm is crucial to your case’s outcome. You want to show the judge and jury that because you were hurt, you deserve compensation for your past, present, and future damages.
Refrain from Sharing Information About the Case Online
If you’re thinking about posting a picture or status about your situation online, ask yourself: “Could this hurt my case?” If you’re not sure, it’s in your best interest to refrain. The judge, jury, and other parties can see what you post online––and even a small detail could jeopardize your case.
Only you, your immediate family members, and the involved parties need to know about your case. When you partner with a lawyer, they can explain what other information you should refrain from posting online.
Keep Track of Your Losses
Your lawyer may first attempt to resolve your case through an insurance settlement. This involves sending the liable party a demand letter, which outlines what you’re requesting. By keeping track of your injury-related losses, you can request everything you need, including:
- Your pain and suffering
- Any out-of-pocket medical bills
- Lost income and other related job losses
- Disability, scarring, and disfigurement
- Property damage expenses (if applicable)
Consider Partnering with an Injury Lawyer
Litigating your case is not like what you’ve seen on TV. For starters, your case could take months to resolve after you file it. Furthermore, you’ll have to do more than share your side of the story with the court; you’ll have to prove the extent of your losses, the cause of your accident, and other details related to negligence.
You should consider partnering with an injury lawyer on your case. Not only can they manage everything related to pre-litigation, but they can guide your case to a fair resolution.
Our law firm also operates on a contingency-fee basis. This means you pay nothing out of pocket for our help. You only pay our attorney’s fees after we’ve recovered compensation for you, either through an insurance claim or a lawsuit.
What Happens Once My Case Goes to Trial?
If your lawyer can’t resolve your case through an insurance settlement, they’ll likely proceed with a lawsuit. There is really no telling what will happen once your case goes to trial. So, here are some possible scenarios:
- Once you file a lawsuit, the liable party may agree to the terms of our demand letter.
- The defendant may attempt to countersue, hoping to intimidate you into dropping the case.
- The judge and jury will listen to your case’s details and render a verdict.
Your lawyer will fight for your case’s best possible outcome. They will also counter any attempts to discredit your case or try to award less than you need.
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Bader Scott Injury Lawyers Can Help with Pre-Litigation
If you’ve been injured in an accident caused by another person’s negligence, our team can guide you through both the pre-litigation and litigation process.
Our personal injury attorneys offer free and confidential consultations so we can answer your questions, evaluate your claim, negotiate settlements, and take your case to court if necessary. Contact us today, and let us pursue the compensation you deserve.