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What is a pre-litigation settlement?

Pre-litigation settlement - Attorney Javier Marcos

Did you know that some personal injury claims can be resolved out of court? Contrary to popular belief,  not all claims have to make it to court – most are actually settled long before they see the inside of a courtroom via what are known as a pre-litigation settlement.

What is a pre-litigation settlement?

A pre-litigation settlement is an agreement between the insurance company and the victim who is injured. This is beneficial for the latter since it is much faster than a lengthy and expensive court case. The injured party can get the damages they need to pay for their medical expenses and other requirements faster and it benefits the defendant by allowing him/her to settle for an amount they can afford.

This process starts way before the court proceedings do and its purpose is to resolve cases before they get overly complicated. Pre-litigation can also include a substantial financial settlement before the case is taken in front of a jury.

The procedure starts with a rough draft of the case which is presented to a panel for review. This outline contains witness testimonies along with evidence pertaining to the case. The decision will be based on these elements and what the panel decides after analyzing them within a specific timeframe that is allocated by the court. The proceedings will also includes results of investigations on facts and documents based on the case such as medical records and employment records of the injured party and the defendant.

Besides the plaintiff and the defendant, a pre-litigation settlement also includes other parties such as their lawyers, their staff, witnesses, first respondents and investigators to name a few. Witnesses can include hospital staff, medical personnel, insurance adjusters and other people involved directly and indirectly with the case.

The pre-litigation will involve mediations that will be designed to save as much time and money as possible involving both parties. However, the final decision will be based on an unbiased third party who will aid the plaintiff and the defendant to come to a mutual agreement. The judge might recommend someone to act as said mediator and the decision they come up with will be binding provided both parties agree to it. This way the case will remain confidential, time and money will not be wasted and both parties will be satisfied. Besides costs, this procedure will save a lot in terms of legal charges and be less stressful compared to long and drawn out court cases.

Pre-litigation case? Call Attorney Javier Marcos

If you are in search of a personal injury attorney for your pre-litigation case, Javier Marcos and Associates can help. Hire a legal representative from our firm for your case whether you are the defendant or the plaintiff and we can help you negotiate a deal you will be satisfied with. We have years of experience handling cases like these both in and out of court irrespective of the type of injury our clients suffered from or were the indirect cause of. Call 713.999.4444 today and get in touch with us.



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