Prelitigation: What Happens Before a Personal Injury Lawsuit

Start with responsibility and evidence

Your legal team needs to understand who may be responsible and what supports that conclusion. Reports, photographs, video, witnesses and physical evidence may all matter. Tell us about evidence that could be lost or changed quickly.

Early investigation also considers the identity of potential defendants and any special claim procedures. An insurer's participation does not settle every question about the proper party or applicable deadline.

Treatment and investigation can overlap

Your healthcare providers address your medical needs while the firm investigates the legal claim. Records may be collected in stages. A provider's delay or a missing authorization can affect when the information is available.

Keep the office updated about new providers, recommendations, improvement or continuing problems. Tell us when access to treatment becomes difficult.

Preparing a demand

When appropriate, a demand presents the claim and supporting information to the responsible party or insurer. Depending on the case, it may discuss the incident, responsibility, injuries and documented losses.

A demand is not an award, and submitting one does not guarantee an offer. The other side may request information, dispute the evidence or decline to negotiate on acceptable terms.

Reviewing an offer

Your attorney can explain the proposal, the uncertainties and the terms of any release. You decide whether to accept a settlement. Before making that decision, ask what claims would end and how fees, costs and third-party obligations may affect distribution.

Do not assume that a conversation about payment is a completed settlement or that a partial payment preserves every remaining claim.

Deadlines can require a lawsuit before negotiations finish

A case does not have to remain in prelitigation until treatment ends or every record arrives. A filing deadline or other legal consideration can require earlier action.

Forward notices and letters promptly. Do not assume that an adjuster's investigation, a pending demand or a discussion of an extension protects a deadline unless counsel confirms the applicable arrangement.

Your practical checklist

Preserve evidence, maintain your provider list and send requested records by the office's return date. Ask which task is currently pending and whether the office needs anything from you. There is no single timetable that fits every claim.