What Happens During The Pre-Litigation Phase Of A Case?

in the pre-lititgation phase, your lawyer tries to negotiate a settlement

The pre-litigation phase is a critical stage in any car accident case, and it’s no different in Georgia. This phase takes place before a lawsuit is officially filed. It involves the collection of necessary documents and evidence that support your claim, the demand letter, and the negotiation of a fair settlement offer with the insurance company.

If you’ve been in a car accident in Lawrenceville, Atlanta, or anywhere in Georgia, contact us today for a free case review.

Initial Consultation: The First Step

The consultation serves a dual purpose. On one hand, it enables the attorney to assess the viability of your claim. On the other hand, it provides you with a chance to evaluate if the attorney aligns with your needs.

In preparation for this consultation, it’s advisable to gather certain pieces of evidence. These could include photographs of the accident site, your medical documents, a copy of the police report, and details about potential defendants, witnesses, and insurance information.

Your attorney may request this information upfront, or they may ask for it once you’ve officially retained their services.

Investigation Phase: Building Your Case

The investigation phase is an integral part of the pre-litigation process, laying the groundwork for a successful case.

During the investigation phase, your Lawrenceville car accident lawyer will gather all necessary information. This information may include copies of employment records, medical documents, the police report, and other documentation related to your case.

Your lawyer will reach out to witnesses and record their statements. In some cases, your attorney may hire an accident reconstruction specialist to analyze physical evidence preserved from the accident scene.

Settlement Demand Letter: Formalizing Your Claim

A settlement demand letter is an official notification to the defendant and their insurance company that you are pursuing a claim.

your car accident lawyer will send the demand letter to the insurer

Your letter should include the following elements:

  • The identities of all parties involved in the accident, including their respective insurance companies
  • A concise summary of the accident
  • A detailed account of your injuries and losses
  • A formal request for compensation

This letter will meticulously outline your accident, injuries, and medical costs, and provide an estimated calculation of the damages compensation that you are seeking from the relevant insurance company.

Reservation of Rights Letter

You will receive a letter known as a reservation of rights from the insurance company. This letter indicates that the insurance company retains the right to reject your claim if it is found to be invalid. There’s no need for concern over this, as it’s a standard procedure.

Pre-Litigation Negotiation: The Art Of Compromise

Engaging in negotiations with the insurance adjuster is challenging. Your Lawrenceville car accident lawyer will advise you if a settlement offer from the insurance company is fair or too low. Insurance adjusters use many tactics to minimize or deny claims.

You need a skilled attorney who can negotiate with the insurance company on your behalf. Our team at the Weinstein Firm will not let the insurer take advantage of you.

If the insurance company refuses to settle, your lawyer will tell them that you are prepared to file a personal injury lawsuit. When faced with a potential lawsuit, the insurance company will often agree to a fair settlement.

Contact Our Lawrenceville Accident Lawyers Today 

The pre-litigation phase is an essential part of any car accident case. It involves several steps, from initial consultation and investigation to sending demand letters and negotiating a settlement. An experienced Georgia personal injury lawyer can help you navigate this complex process and achieve a favorable outcome.

With the assistance of the Weinstein Firm, you can get the compensation you deserve after a car accident. We have recovered over $30,000,000 for clients across Georgia. Call us at 770-HELP-NOW to set up your free consultation.

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