Pre-litigation – What’s Involved?

Pre-litigation is a the first state of a civil lawsuit.  The following are customarily part of the pre-litigation process:
  • Initial meeting with Attorney
  • Personal Information (name, address, phone number, date of birth)
  • Fact-gathering for basis of legal advice/opinions (e.g. date of accident, nature and extent of injuries, property damage, doctors, etc.)
  • Setting fee/signing fee agreement
  • Informal discovery (gathering information evidencing client’s claims)
  • Demand Letter (attempt to settle case before filing Complaint)
Before filing a Complaint (and incurring the expense of filing and service), attorneys will typically try to settle the matter assuming the statute of limitations is not about to run.  In order to make a meaningful settlement demand, it is important that as much information (facts) as possible is gathered.  Paralegals are frequently involved heavily in the pre-litigation process.

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