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What is meant by the term “pre-lit”? What is litigation?

Let’s talk about the difference between these two terms. “Pre-lit” is all of the time in your claim before a lawsuit is filed. When I initially open a claim with the insurance company for a client, we have not sued them. I have not filed a lawsuit with the Court, served the Defendant with paperwork, etc. All we have done is open a claim. Hopefully, we are able to resolve the claim in the “pre-lit” stage. During this stage, we will open the claim, you will receive the treatment you need, and I will send a demand to the insurance company. If we are able to come to an agreement with the insurance company regarding the value of your claim, then your claim will settle. However, if the insurance company is not being fair and is not offering a fair value, then we may choose to file a lawsuit.

 

If we decide to file a lawsuit, then at that point the claim would move from “pre-lit” to litigation. Litigation is an all-encompassing term that just means a lawsuit has been filed. When a lawsuit is filed, the Defendant gets served with paperwork and we begin the process. Typically, the insurance company will hire a defense lawyer of their own. There is still a good chance that, despite us now being in litigation, your claim could settle before we reach a jury trial, but, if we are unable to come to an agreement with the insurance company throughout the litigation process, your claim would go to a jury trial and we would let a jury decide the value of your case.

 

Resolving a case via settlement in pre-lit is usually pretty quick and pretty inexpensive as far as costs are concerned. If we can come to an agreement with the insurance company during this phase, then that is great for everyone. However, when we can’t come to an agreement and we file a lawsuit, it gets more time consuming and more expensive for all involved. However, despite the time and expense, litigation can be a great option to hold the insurance company accountable and to make sure we are receiving the maximum value for your claim.

 

If you have been injured in an accident or have any questions about the above, feel free to reach out to me at
(706) 425-4500
or via email at
chad@athenspi.com.

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