PRE-LITIGATION

Prior to filing a lawsuit, Ryan LLP will perform an extensive review of your potential case.

We will perform a significant amount of work in an attempt to resolve your case without the need of court involvement. The courts are only necessary if the parties cannot resolve their differences. It is in the best interests to all those involved to make a legitimate attempt at resolution prior to litigation.

One of the main goals prior to filing a lawsuit is to perform fact gathering for your case. It is imperative to list all of the relevant facts that support your case against the other parties. One of the most important facts to ascertain is when did your cause of action accrue. That is, when were you put on notice of a potential claim? In some instances, such as with a car accident, it is clear when the claim arose.

In addition to determining the applicable date(s), you must ensure that all necessary parties are identified and you must locate a proper address where the individual or business can be served with court papers. Generally, a necessary party is any person or company that may have an interest in the outcome of the case. Ryan LLP will assist to ensure the proper parties are identified using all of the latest software and available datasources. other cases, this determination may not be as clear. It is important to call Ryan LLP as soon as possible to ensure your claim is not lost due to the applicable statute of limitations.

After you have identified the parties, the next step usually is to inform the other parties of the potential lawsuit. The purpose of this notification is to discuss the possibility of settlement between the parties to avoid lengthy litigation. This is especially true if liability clearly rests with one party. Notifying potential parties is not necessary, but may lead to a quicker resolution of your claim.

The settlement process includes preparing a settlement package and forwarding it to the attention of the opposing party’s insurance company or attorney. The opposing party has an opportunity to make an offer of settlement. If the terms of settlement are acceptable, then you will enter into a settlement agreement with the parties in exchange for something of value in return. Typically, this is an exchange of a sum of money for an agreement not to bring a lawsuit.

If the settlement negotiations are unsuccessful, then your only recourse is to prepare and file a complaint.