What Happens During the Pre-Litigation Phase of a Case?

When they first meet with a Riverdale personal injury lawyer, most potential clients are worried about the prospect of suing the negligent party. However, our experienced attorneys know that it rarely comes to this. We close most personal injury cases during the pre-litigation phase successfully.

This does not mean that the process is simple and that you do not need a skilled lawyer’s assistance. Here is what typically happens once the attorney takes your case.

1. Signing the Retainer Agreement

After evaluating the evidence you brought with you at the initial consultation, the lawyer determines whether you have a valid case. If so, you will sign a retainer agreement with the lawyer.

This means that the personal injury attorney will represent you and handle all the aspects of your case, including filing paperwork, gathering evidence, and handling communication with the other party.

After signing the retainer agreement, the lawyer will instruct you to fill in various other necessary documents, including a form that allows your treating doctors to talk to the lawyer about your injuries and share medical records.

2. Serving Notice to the Negligent Party’s Insurer

Next, the attorney will prepare and send a notice to the insurance company representing the party that caused your accident. The notice will inform the insurer that you will file an accident claim and will ask about the available insurance limits and coverage.

Upon receiving this notice, the insurer will assign an insurance adjuster to your case. The adjuster will contact you in a short time and will likely try to convince you:

  • To accept a quick settlement that will generally not cover all your eligible damages
  • To give up filing your claim, by stating that you do not have a valid case
  • To make self-incriminatory statements that they can use later on against you.

You must inform your lawyer when the adjuster contacts you. The Riverdale personal injury attorney will attend the meeting with the adjuster and advise you when to answer and when to refrain from speaking.

your lawyer will investigate the circumstances of your accident

3. Investigating the Accident

The accident investigation phase is extremely important in any personal injury case. The lawyer will:

  • Analyze the circumstances of the accident
  • Talk to eyewitnesses
  • Look for relevant evidence, including CCTV camera footage that may have recorded the accident
  • Hire expert witnesses, if necessary.

After a thorough investigation, the lawyer will have all the evidence and legal arguments to win your claim.

4. Sending the Demand Letter

The demand letter is the formal document that initiates your personal injury claim. It usually contains:

  • The object of the claim: description of the accident that caused your injuries
  • The names of the parties involved
  • The date and time when the accident happened
  • A list of the damages you incurred
  • The total amount of money you request as compensation for your damages.

5. Negotiating With the Insurance Company

After the insurance company receives the demand letter, the standard response is to dispute everything about it:

  • Their client’s fault
  • The severity of your injuries
  • The compensation amount.

This is when the lawyer steps in and starts negotiating with the insurance adjuster with the goal of securing the best possible settlement.

If the insurance company refuses to settle, the lawyer will tell them that you are prepared to file a personal injury lawsuit. In some cases, you may have to file suit, but it does not mean that you have to go to court. Faced with a potential lawsuit, insurers often relent and agree to settle your case for a fair amount of money.

Get a Free Case Review With a Riverdale Personal Injury Attorney!

Wade Law has a team of lawyers with a combined experience of over 70 years. This extensive experience is your assurance that we can find a solution to the most complex cases.

Even if you believe the situation is hopeless, do not give up on your rights before talking to a skilled Riverdale personal injury lawyer. We offer each new client a free case review, and you pay no fees unless we win your case.

Call us now at 770-282-1188 to schedule your initial appointment with us!

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