Legal Video Library

The Two Paths a Personal Injury Case Can Take

• After an accident, a personal injury case generally moves in one of two directions: prelitigation or litigation.
• Many cases resolve through settlement before a lawsuit is ever filed.
• Others require filing a lawsuit and moving through the court process to reach a fair outcome.
• Understanding both paths helps you know what to expect from your claim.

What Happens During Prelitigation

• Prelitigation is the phase before a lawsuit is filed, focused on resolving the claim through negotiation.
• During this stage, your attorney typically:
  • investigates the accident and gathers evidence,
  • collects medical records and documents your damages,
  • submits a demand to the insurance company,
  • negotiates for a fair settlement.
• Many cases settle here without the need for court involvement.
• A strong prelitigation strategy can lead to faster, less stressful resolution.

What Happens During Litigation

• Litigation begins when a lawsuit is filed, usually because a fair settlement could not be reached.
• The litigation process may involve:
  • filing the complaint and serving the defendant,
  • discovery, including depositions and exchange of evidence,
  • motions and court hearings,
  • mediation or trial.
• Even after a lawsuit is filed, cases can still settle before trial.
• Litigation applies additional pressure when insurers refuse to offer fair compensation.

What Determines Which Path a Case Takes

• The willingness of the insurance company to negotiate in good faith.
• The strength of the evidence and clarity of fault.
• The severity of injuries and the amount of compensation at stake.
• Whether the parties can agree on a fair value during negotiations.

Why This Matters

• Both paths can lead to fair compensation, but each requires a different strategy.
• A well-prepared case positions you to settle favorably or succeed in court if needed.
• Insurance companies often negotiate more seriously when they know you are prepared to litigate.
• An experienced attorney can guide your case through either path and protect your interests at every stage.