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The Benefits of Pre-Litigation Resolution in Personal Injury Claims

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The Benefits of Pre-Litigation Resolution in Personal Injury Claims

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The Benefits of Pre-Litigation Resolution in Personal Injury Claims

Brubaker Injury Law

March 2, 2024

When it comes to personal injury claims, many people envision lengthy court battles, high legal fees, and stress. However, there’s an alternative approach that can save time, money, and emotional energy: pre-litigation resolution.

What Is Pre-Litigation Resolution?

Pre-litigation resolution refers to settling a personal injury claim before filing a lawsuit or going to trial. It involves negotiations between the injured party (plaintiff) and the at-fault party (defendant) or their insurance company. Here are some compelling reasons why pre-litigation resolution is advantageous:

Faster Resolution

One of the most significant benefits of pre-litigation resolution is speed. Lawsuits can drag on for months or even years, causing frustration and uncertainty. By negotiating early, you can resolve your claim more swiftly and move forward with your life.

Cost Savings

Litigation is expensive. Legal fees, court costs, and expert witness fees add up quickly. When you settle a claim before filing a lawsuit, you avoid these costs. Additionally, pre-litigation resolution reduces the burden on the court system, benefiting everyone involved.

Reduced Stress

Legal battles are emotionally draining. The uncertainty, delays, and adversarial nature of litigation take a toll on plaintiffs. Pre-litigation resolution allows you to avoid the stress of court appearances, depositions, and trial preparation.

Control Over the Outcome

In court, the outcome is uncertain. A jury’s decision may not align with your expectations. By negotiating directly with the other party, you have more control over the terms of the settlement. You can tailor the agreement to meet your specific needs.


Court proceedings are public record. If you value privacy, pre-litigation resolution keeps your case out of the spotlight. Settlement negotiations occur behind closed doors, protecting your personal information.

Preservation of Relationships

In some cases, the at-fault party may be a friend, family member, or neighbor. Litigation can strain relationships. By resolving the matter amicably, you maintain better relations and avoid unnecessary conflict.


When you settle pre-litigation, you know the outcome. There’s no risk of an unfavorable jury verdict. Certainty allows you to plan for the future, whether it’s medical treatment, rehabilitation, or financial stability.

How to Achieve Pre-Litigation Resolution

  1. Gather Evidence: Collect all relevant evidence, including medical records, accident reports, and witness statements. This strengthens your negotiating position.
  2. Consult an Attorney: Even if you’re pursuing pre-litigation resolution, consult an experienced personal injury attorney. They can guide you through the process, assess the value of your claim, and negotiate effectively.
  3. Open Communication: Engage in open and respectful communication with the other party or their insurance company. Be prepared to discuss your damages, medical expenses, lost wages, and pain and suffering.
  4. Mediation or Arbitration: Consider using mediation or arbitration to facilitate negotiations. A neutral third party can help bridge the gap between both sides.
  5. Settlement Agreement: Once you reach an agreement, document it in a settlement agreement. Ensure it covers all aspects of your claim, including future medical expenses if applicable.


Pre-litigation resolution offers a practical and efficient way to resolve personal injury claims. By considering this approach, you can avoid the courtroom drama and achieve a fair settlement that meets your needs.

Remember to consult with a qualified injury attorney to navigate the process effectively. Your attorney can advocate for your rights and ensure you receive the compensation you deserve without unnecessary delays.

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