Getting involved in a lawsuit can be an overwhelming prospect for most people. Many people have not been involved in litigation and need to become more familiar with the process. They may have questions that their loved ones are not able to answer. One of the most common questions we are asked at Heninger Garrison Davis involves how to revolve litigation without having to file a lawsuit in court. There are multiple ways to resolve a legal dispute before filing litigation. However, a pre-suit notice, also called a pre-litigation demand letter, is one of the best ways to obtain a quick resolution in a personal injury lawsuit.
What is a Pre-Suit Notice Letter?
A pre-suit notice letter occurs during the pre-litigation stage of litigation. The pre-litigation stage is the process that happens before the plaintiff files a lawsuit in court. Every case is unique, but the pre-litigation phase includes multiple stages, such as the pre-suit notice letter, the investigation, demand, and settlement negotiations. During the pre-litigation phase, the attorneys representing the injured clients will often send out a pre-suit notice letter.
As the name implies, a pre-suit notice letter generally puts the at-fault party on notice of their client’s demands. When the at-fault party has an insurance policy, the pre-suit notice letter may request a settlement from the insurance policy up to the policy’s limits. In some cases, a pre-suit notice letter is required. A demand letter details the plaintiff’s position in the dispute. The end of the letter frequently suggests a proposed resolution method, such as stopping a certain action by the at-fault party or a certain amount of monetary payment.
The Benefits of Using a Pre-Suit Notice Letter
There are multiple benefits to sending a pre-litigation demand letter. You could achieve a quick resolution through the letter. It is also important for both parties to understand the dynamics of the dispute. Many people want to avoid going through lengthy and expensive litigation. Suppose you have been injured by a driver, drug manufacturer, company, or any other party. In that case, you may be able to avoid going to trial to recover compensation for your injuries by sending a demand letter. The demand letter can cut down the timeline for resolving your case significantly. Lawsuits can last two to three years or even longer if they are especially contentious. A demand letter may result in the outfall party’s attorney or the defendant calling you back, creating an opportunity for your attorney to communicate and potentially settle your legal claim more quickly. Demand letters also allow you to see whether your opponent’s attorney is skilled at legal research and writing, who is representing your opponent, and allows your opponent to see the case from your perspective.
What Should My Demand Letter Contain?
Demand letters should be unique and reflect the unique facts of your case. Before your attorney sends a demand letter, you should discuss your goal with your attorney. After discussing your case with you, your attorney can draft the letter in a way that reflects your unique needs. For example, you may want your attorney to draft a letter in a way that comes off more aggressive in pursuit of an immediate resolution. Sometimes, achieving your desired results only takes an aggressive demand letter. In other cases, drafting a letter in an amicable tone may be more beneficial to work out a friendly resolution.
Demand Letters Will Lead to Discovery
A demand letter usually leads to a better understanding of the other party’s position in your case. Before contacting the at-fault party, you may not know how they will react when they discover you have hired an attorney and are pursuing compensation. A demand letter is a great way to determine how your opponent will proceed.
Alternatively, your opponent may be extremely aggressive and state that they plan to take the case to court and not settle it. If your opponent does not respond to the letter, it could be a sign that they are not willing to work with you to settle the case or are not paying attention to the legal dispute. Your attorney can evaluate your opponent’s reaction and develop a legal strategy accordingly.
Want to Learn More About Your Legal Options? Contact Heninger Garrison Davis
Have you and your loved one been seriously injured because of another person’s negligence? Do you have questions about the litigation process? Contact the Alabama personal injury attorneys at Heninger Garrison Davis to schedule a free case evaluation.