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What Happens During The Pre-Litigation Phase Of A Case?

The pre-litigation phase is a critical stage in the legal process that can significantly influence the outcome of a case. It’s a period of intense preparation, negotiation, and strategic planning that occurs before a lawsuit is formally filed in court. Here’s a more detailed look at what happens during the pre-litigation phase of a personal injury case in Arizona.

1. Establishing a Claim

The pre-litigation process begins with the establishment of a claim. This involves identifying the parties involved in the dispute, understanding the nature of the disagreement, and determining the type of relief sought. This step is crucial as it sets the foundation for the entire case.

2. Retaining Attorney Representation

Retaining an attorney is a vital step in the pre-litigation process. An experienced attorney can provide valuable guidance, help you understand your rights, evaluate the strengths and weaknesses of your case, and develop a robust strategy for resolution. They can also help you navigate the complex legal landscape and ensure that your interests are adequately represented.

3. Pre-Litigation Discovery

Pre-litigation discovery is a process that involves gathering evidence to support your claim. In Arizona, the procedures for discovery are outlined in the rules of civil procedure.

Rule 27 of the Arizona Rules of Civil Procedure 

Rule 27 permits an attorney to obtain testimony and preserve evidence through discovery, provided certain procedural steps are followed. The lawyer must file and serve a verified petition detailing specific facts; a hearing must be conducted after allowing sufficient time for response briefing; and a court order is required.

Verified Petition

The petition for pre-litigation discovery must be “verified”, which means it is signed and confirmed by the party requesting the discovery. This verified petition must also be filed in the superior court in the county where the anticipated opposing party resides.

Rule 26 of the Arizona Rules of Civil Procedure 

This rule provides the general provisions governing discovery. It describes the methods of discovery, its scope and limits, and the specific rules for the discovery of electronically stored information.

your personal injury lawyer will negotiate with the insurer

4. Negotiating with the Insurance Company

If your case involves an insurance claim, you’ll likely need to negotiate with the insurance company. This step can be challenging, as insurance companies often have their own legal teams and are skilled at minimizing payouts. Your attorney can play a crucial role during this stage by advocating for your interests and ensuring that you receive a fair settlement.

5. Sending the Settlement Demand Letter

A settlement demand letter is a formal document that notifies the defendant and their insurance company of your claim. It typically includes the identities of the parties involved, a brief description of the incident, a detailed account of your injuries and losses, and a demand for compensation. This letter serves as a starting point for negotiations and can help expedite the resolution of your case.

6. Pre-Litigation Negotiation

The pre-litigation phase often involves negotiation with the other party in an attempt to reach a settlement. This step is crucial as it can help resolve the dispute without the need for a costly and time-consuming trial. If a satisfactory resolution can’t be reached during this stage, the case may proceed to litigation.

Call Today for a Free Consultation

The pre-litigation phase of a personal injury case is a complex and nuanced process that requires careful planning and strategic decision-making. It’s always best to consult with a knowledgeable Phoenix injury attorney who can provide guidance based on your individual circumstances.

If you have any questions or need assistance with a legal matter, don’t hesitate to reach out to us at 480-405-5010.

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