Before The Lawsuit: Understanding What Happens Before Your Case Is Filed

When you are in an accident and find an attorney, you may think that you are automatically “suing someone.” But that’s not exactly how the process works. There is a long and involved presuit process that happens in most accident cases, before your case will be filed in a court.

Injury and Recovery

One reason why cases don’t just immediately get filed in court is because you are injured right after an accident, and nobody knows how injured you are, or more importantly, how long you’ll remain injured or how much you may receive or get better. These are things that only time will tell, after you undergo medical treatment and care.

How much time it takes to see what your ultimate medical outcome will be, depends on your injuries. In more catastrophic injuries, we unfortunately usually know right away how permanent your injuries are. In other cases, like when a victim has surgery, it may take time to measure the level and extent of recovery.

In some cases that involve experts, particularly more technical cases, your attorney also may need time to hire and consult with an expert, to get his or her opinions on liability or damages.

Presenting Your Demand

Once your doctors and your attorney have a handle on the long term extent of your injuries and liability, your attorney will gather your medical records, and present them to the Defendant or insurance company. This is an attempt to settle the case. You don’t legally have to give the Defendant an opportunity to settle your case before you file a lawsuit, but it is good practice and can lead to a settlement sooner rather than later.

The Defendant or insurance company will need time to review what your attorney provided to them, and to do their own investigation of the accident. They may also look at your medical records, and confer with their own experts.

Response and Negotiation

The insurance company or defendant will then respond to your attorney, either with a settlement offer or simply rejecting the claim.

If an offer is made, your attorney will tell you, and you can opt to file a lawsuit or to continue to negotiate to see if the amount offered increases. If you continue to negotiate there will be a “back and forth” between the Defendant and your attorney and this can take time, as large defendants and insurance companies often have processes that they need to follow when evaluating claims, and in making settlement offers.

If the Defendant offers too little, or rejects the claim entirely, you will then have no choice but to file a lawsuit, if you indeed want to get compensation for your injuries.

We can help you understand what will happen in your injury case. Contact our Rhode Island accident lawyers at Robert E. Craven & Associates at 401-453-2700 today.