Can I Settle My Personal Injury Case Through Pre-Litigation?

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Does My Personal Injury Case Entitle Me to a Pre-Litigation Cash Settlement?

Does My Personal Injury Case Entitle Me to a Pre-Litigation Cash Settlement?

Dec 8, 2022

Personal injury lawsuits can help victims of car accidents, dog bites, slip and falls, and more recover financial compensation that is key to making a complete recovery. When you suffer an injury in an accident, the process of suing someone to secure that compensation (also known as economic and non-economic damages) can be complex and intimidating. Hiring a qualified and proven personal injury attorney can help ensure that you recover all the damages you deserve after a car accident, dog bite, or slip and fall. But a good personal injury lawyer can also help expedite the process of recovering a maximized damages award through something known as a pre-litigation settlement.

Can I Settle My Personal Injury Case Through Pre-Litigation?

This blog will look at what types of personal injury cases may qualify for pre-litigation settlements, review the potential advantages pre-litigation settlements can have for injured victims, and offer information on how to file your claim with the dedicated and proven Los Angeles car accident and personal injury attorneys at Dordulian Law Group.

What is a Pre-Litigation Settlement?

In short, a pre-litigation settlement is a damages award that does not require the filing of a lawsuit. Personal injury pre-litigation agreements take place when both parties – the injured victim or plaintiff and the at-fault party or defendant – agree to a financial settlement without ever filing a lawsuit or going to trial.

For the plaintiff and defendant, a pre-litigation negotiation represents an opportunity to conduct a formal process that ultimately leaves the injured party “whole” and able to make a complete recovery by obtaining the necessary financial compensation he or she deserves via a cash settlement.

What Steps are Involved in the Pre-Litigation Process?

The pre-litigation process can vary depending on the nature of your case – particularly the severity of your injuries, the degree of liability held by the at-fault party, the type of claim (car accident, dog bite, etc.), and the number of people involved (e.g. multi-car crashes).

Generally speaking, the pre-litigation process involves one or more of the following phases:

  • A formal demand letter is issued: This is a legal document prepared by your attorney which outlines the demands in your claim relative to things like medical expenses, compensation for pain and suffering, etc.
  • An investigation occurs: At Dordulian Law Group (DLG), our in-house Chief Investigator is a retired LAPD Central Traffic Division and Child Sex Abuse detective with nearly 30 years of experience closing some of the city’s most high-profile cases. We send Detective Moses Castillo out to investigate our clients’ claims and ensure that all the necessary evidence which can help prove cases is recovered.
  • A formal negotiation takes place: Once the demand letter and evidence have been presented, your personal injury attorney may begin the process of negotiating a possible pre-litigation cash settlement in an effort to avoid having to file a lawsuit or go to trial.

Personal injury claims involving car accidents, bicycle accidents, motorcycle accidents, slip and falls, and dog bites can be good candidates for pre-litigation settlements when liability is straightforward and the at-fault party is not actively disputing his or her role in the incident.

At DLG, we recently won a dog bite injury claim for a client through a pre-litigation (“pre-lit”) cash settlement. Although the client suffered moderate injuries including lacerations after being attacked by two dogs, we successfully secured a $300,000.00 full-policy limit settlement without ever having to file a lawsuit. As a result, our client was able to get the financial compensation needed to make a complete recovery fast, without having to wait months and months as is often the case with serious dog bite injury claims. With the right personal injury attorney on your side, there can be a number of advantages in reaching a pre-litigation settlement.

What are the Advantages of Personal Injury Pre-Litigation Settlements?

When an experienced and proven personal injury lawyer is handling your claim, he or she will know whether a pre-litigation settlement is maximized (i.e. fair and reflective of all the damages you truly deserve). Some of the advantages of a maximized pre-litigation settlement include:

  • The at-fault or liable party agrees to pay you money damages without ever having to file a lawsuit or go to trial.
  • The potential uncertainty inherent in jury trials is therefore removed.
  • As the injured victim, you are able to recover cash much quicker through a pre-litigation settlement than you would if a lawsuit were ever filed (or a trial were ever required).
  • You receive compensation quickly that can go toward expenses such as medical care, hospital bills, lost wages, and more.
  • All parties involved save time and money by not having to go through a lengthy and formal litigation process.

What are the Disadvantages of Personal Injury Pre-Litigation Settlements?

The main disadvantage of a pre-litigation settlement involves accepting a lowball offer that does not reflect the actual damages you deserve. A lack of experience or knowledge on the part of one’s personal injury lawyer is typically the cause of such a scenario.

But at DLG, while we always work tirelessly to secure our clients maximum financial compensation in the shortest amount of time, we’re prepared to take every case all the way to trial if necessary. Our founder, Sam Dordulian, is a former Deputy District Attorney for Los Angeles County who has obtained more than 100 jury trial victories. This is actually a rare skill set for personal injury lawyers, as many are not well-versed in trial work (or have ever stepped into a courtroom).

When searching for the best Los Angeles personal injury lawyer to handle your claim, it’s recommended that you discuss various scenarios – whether the prospective attorney is experienced in high-value pre-litigation settlements, whether he or she has negotiation experience, and whether he or she has jury trial experience in the event that a maximum cash settlement can’t be reached pre-lit – before deciding to hire someone to handle your case.

What Should I Do After a Personal Injury Accident?

The most important step to take after a car accident or dog bite injury is seeking medical care – a full examination by a licensed physician. Undergoing a medical examination after a personal injury helps create an official record of your condition and ensures a chain of evidence is created that can prove to e invaluable when pursuing a maximum cash settlement.

Once your health has been attended to, it’s important to take as many of the following steps as possible to help reinforce your eventual civil claim for damages:

  • Take photos/videos of any injuries
  • Gather contact information of all involved parties – particularly the liable person or persons
  • Take any available witness statements
  • Take photos/videos of the accident scenev
  • Write down a personal account of the events that transpired when you were injured
  • File a police report with your local jurisdictionv
  • Do NOT speak to an insurance adjuster without having an attorney present
  • Do NOT accept any form of cash payment or settlement without having an attorney present
  • Do NOT sign any documents or make any official statements without first consulting with an attorney

What Damages Can I Recover in a Personal Injury Settlement?

Depending on the specific facts related to your case, DLG’s dedicated attorneys will fight aggressively to recover all applicable damages, such as:

  • Pain and suffering
  • Hospital bills
  • Medical care costs – past and future
  • Lost wages
  • Reduced future earning capacityv
  • Diminished quality of life
  • Counseling or therapy expenses – past and future
  • Emotional or psychological harm
  • Punitive damages

Recovering hard to quantify (and prove) damages such as pain and suffering requires a personal injury attorney with knowledge, skill, and experience. At DLG, we have the proven results you need to help ensure that all applicable damages are included in your ultimate cash settlement award.

Contact California’s Best Personal Injury Lawyers to Get the Compensation You Deserve

DLG’s top-rated Los Angeles personal injury attorneys have helped injured victims secure justice and recover maximum financial compensation for car accident, dog bite, premises liability, slip and fall, Uber/Lyft accident, motorcycle accident, bicycle accident, truck accident, and medical malpractice claims. Our Personal Injury Division of dedicated lawyers maintains a 98% winning record and has recovered more than $100,000,000.00 in settlements and verdicts for injured victims like you.

Schedule an appointment online for a free consultation today, or call us directly to speak to our top-rated, expert car accident attorneys.

Contact us today at 818-322-4056 to arrange for a free, confidential, and no obligation consultation with a member of our team. Our Los Angeles, California, car accident and personal injury lawyers will fight aggressively on your behalf to obtain the maximum financial compensation you deserve in the shortest amount of time. Don’t settle for a lowball cash payout after your car accident of dog bite injury. Get the DLG Advantage by contacting us today.

DLG’s No Win/No Fee Guarantee means you’ll never pay a penny upfront or be responsible for any out-of-pocket expenses for our expert legal representation. You pay nothing until after we’ve successfully secured a maximum cash settlement for your claim.

Go See Sam