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Pre or Post Litigation: What to know about settling your case

Anderson Franco Law Team

If you have found this article, you may be wondering what it takes to settle your case. A lot of that is dependent on whether you are pre or post litigation. This article will help you know what you need to settle your case. Let’s start by explaining what pre and post litigation mean.


Pre-litigation refers to the phase before a legal action is filed in court. During this phase, parties may attempt to resolve their dispute through negotiation, mediation, or other forms of alternative dispute resolution. Pre-litigation may involve gathering evidence, conducting investigations, and sending demand letters to the opposing party.


Post-litigation refers to the phase after a legal action has been filed in court. This phase includes the entire legal process, from filing the initial complaint to the final judgment or settlement. During post-litigation, parties may engage in discovery, motion practice, trial, and appeals.

Settling Pre-Litigation

If you settle your personal injury claim before litigation, you will not have to file anything with the court. Instead, you will need to sign a release agreement with the insurance company. A release agreement is a legal document that finalizes the settlement and releases the insurance company and the other party from any further liability related to the accident.

When signing a release agreement, it’s important to read the document carefully and make sure you understand the terms of the settlement. You should also make sure that all of your medical bills and other expenses related to the accident have been accounted for in the settlement. Once you sign the release agreement, your personal injury case will be considered closed.

Post Litigation

If you filed a personal injury case with the court, which is considered post litigation, you will need to take additional steps to close your case. Closing a personal injury case filed with the court requires filing a Request for Dismissal. A Request for Dismissal is a legal document that asks the court to dismiss the case.

Before filing a Request for Dismissal, you should make sure that all aspects of the settlement have been completed. This includes receiving all compensation, such as payment for medical bills, lost wages, and pain and suffering. You should also make sure that all necessary documents have been signed, such as a release agreement.

Once you have completed these steps, you can file a Request for Dismissal with the court. The Request for Dismissal should include information about the case, such as the case number and the names of the parties involved. You will also need to pay a filing fee to the court.

After the court receives your Request for Dismissal and the filing fee, it will process the document and officially close your case.

Why You Need to Properly Close Your Personal Injury Case

Closing your personal injury case properly is important for several reasons. First, it ensures that you receive all compensation owed to you, including payment for medical bills, lost wages, and pain and suffering. It also ensures that you cannot be sued again for the same accident. Once a personal injury case is closed, you cannot reopen it or file another lawsuit related to the same accident.

Additionally, properly closing your personal injury case can have an impact on your credit score. If you have outstanding medical bills related to the accident, failing to properly close your case can result in those bills being sent to collections. This can have a negative impact on your credit score and make it difficult to obtain loans or credit in the future.

Contact a Lawyer

Closing a personal injury case requires following specific steps, depending on whether you settled before litigation or filed a case with the court. If you settle your personal injury claim before litigation, you will need to sign a release agreement with the insurance company. If you filed a case with the court, you will need to file a Request for Dismissal. Properly closing your personal injury case is important to ensure that you receive all compensation owed to you and to avoid future legal issues. If you have any questions or concerns about closing your personal injury case, it’s important to consult with an experienced personal injury attorney. You can contact Anderson Franco Law here.

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