Pre-litigation is a common term associated with the litigation process. It refers to the legal claim before the lawsuit is actually filed. However, it is necessary that the protocols are followed to avoid any problems later on. Given are some of the important pre-requisites pertaining to pre-litigation.
1. Legal Notice
The claimant should first send a legal notice to the offending party. This notice should also be given to the insurance company of the offending party. The notice should be sent before the evidence is collected to build a strong case. Ensure that you seek the services of a skilled litigation attorney to draft the notice. Such a protocol gives both the parties enough time to prepare for the trial.
2. Examination
This forms an important part of the pre-litigation stage. In this stage, the required documents, pertaining to the case, are collected and put together. Some of the documents that are required are as follows:
* Medical records
* Employment records
* Details related to injuries and damages
The statements of the witnesses are also recorded in this stage. Everyone related to the accident or incident is interviewed in this step.
3. Demand Letter
A demand is then drafted and sent to the insurance company. The demand usually describes the incident as well as the injury. This document also encompasses the medical records. Expert opinions, if any, are also included in the demand letter.
4. Settlement or Negotiations
In this step, both the parties try to resolve the matter amicably. An out-of-court settlement is a better alternative compared to the litigation charges. These informal negotiations are held with litigation attorneys and insurance professionals. A potential settlement is then reached at this stage. If not, a lawsuit is filed by the claimant. Understand the pre-litigation process in detail and complete your litigation successfully.
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