What is Pre-Litigation with respect to your California Personal Injury case? Back To Listing


Pre-Litigation is all stages related to your case before our law firm actually files a lawsuit in your case.

Many personal injury clients wonder how long their case will take. The discussion below will give you a general idea of the pre-litigation process of your California Personal Injury case.

In most California Personal Injury cases we will have two years to file a lawsuit in your case. In some cases only 1 year such as Medical Malpractice, or 6 months for a  rejected Governmental claim.

The vast amount of personal injury cases we handle are settled during the pre-litigation phase.

During this phase our law firm, and the defendant insurance companies do their respective notifications and investigations.

Most of the time spent in pre-litigation is usually spent waiting for you, our personal injury client, to treat with your doctors and medical providers for your injuries.

Every case is different, some clients may treat just a couple of times for their injuries, and some clients may treat for the rest of their lives.

As a general rule we will wait until our clients become either: (1) asymptomatic, or (2) permanent and stationary, before we put a demand package in on their behalf.

Asymptomatic means that you are healed from your injuries and no longer have any residual symptoms.

Permanent and Stationary means that there is no longer anything the doctors can do for you and you are permanently injured.

The reason we like to wait until you are done treating with your medical provider is that it is more difficult to value your case until you are done treating, and it is easier for us to put a demand package together if we know what all of your bills are.

A demand package is basically a demand from our law firm that the defendant settle your case for a specified amount of money, based upon your injuries and medical bills, among other things.

In some cases we may be forced to file a lawsuit before we know what all of your medical bills and future medical bills are because of time limits. This occurrence is rare in most cases.

Once we file a lawsuit on your California Personal Injury Case, it is no longer in pre-litigation and it is now in litigation.


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