What is Pre-litigation? 

We're often asked, "what is pre-litigation?" Well, pre-litigation is the phase of the case before a lawsuit is filed. It's when your case is in the early stages. When your legal team is going through investigations, research and even negotiations - all while you're receiving the necessary medical treatment for your injuries and damages. Now, it is possible that your case could resolve in the pre-litigation phase, which means you wouldn't have to go through the court process, give a deposition, or even go to trial.

However, when the parties are unable to agree to a fair resolution, or if the case cannot be resolved before the statute of limitations, then the next step requires a lawsuit to be filed.

Once a lawsuit is filed, your case enters the litigation phase.

Many times, pre-litigation is less stressful on the injured party, because it allows them to focus on getting better while the case is being developed and negotiated for a fair amount of money.

It's crucial though that the attorney who represents you in your injury case isn't willing to settle for less than what you need for your recovery. That's why it's so important that you choose a lawyer who will properly evaluate the full extent of your damages, and take your case to litigation if necessary.

If you have more questions about the ins and outs of personal injury cases, and how they proceed through the different phases, give us a call. We offer free resources to help you understand claims, lawsuits, court cases and more. Don't hesitate to reach out we're here to help

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.