Pre-Litigation

During the pre-litigation phase of a bicycle accident case, gathering information, consulting with experts and possibly collaborating with co-counsel are crucial steps toward formulating the best possible strategy for litigation and a possible trial. Thoughtful and exhaustive pre-litigation preparation in most cases greatly increases the likelihood of successfully deterring a defendant/defense counsel from litigating a matter and choosing instead to pursue the negotiation of a settlement.

Pre-Litigation efforts should include:

Investigation

Getting started on investigating a bicycle collision as soon as possible is important, particularly if the collision involved a road defect that needs to be documented, or if the collision might have been captured on video. Many businesses only keep security footage for one or a few days, so it is important to ask about footage as soon as you can.

Demand letter

Demand letters make defendants and defense counsel aware that the plaintiff has hired an attorney, summarize the dispute and briefly describe the merits of the plaintiff’s position, then make a reasonable demand for settlement, include a deadline for compliance and describe the possible consequences of non-compliance.

Medical records

Medical records support the construction of a plaintiff’s case, inform possible trial strategy/strategies and are a key determinant of the amount of a plaintiff’s damages.

Police reports

Police reports or traffic collision reports (TCRs) can provide invaluable information and evidence as to causality, and liability, and are often a foundational element of trial strategy.

Asset declarations

Asset declarations provide plaintiff’s counsel with a clear and complete understanding of a defendant’s financial position, including ability to settle and likelihood of having the financial wherewithal to pursue lengthy litigation.

Mediation

Mediation can enable both parties to avoid the costs, lost time, and stress of litigation. However, you should prepare carefully for mediation and know what you think your case is worth ahead of time. Be prepared to walk out of the mediation if it is not productive. Also, make sure you counsel your client before and during the mediation about what fees, liens, and costs would come out of any settlement, so that they understand what their take-home amount would be.

Accident reconstruction

Accident reconstruction can inform trial strategy and help assess the strength of a plaintiff’s case, each of which can be determining factors in the decision as to whether to pursue litigation.

Communication with the defendant’s insurance company

Communicating with the defendant’s insurance company may in many cases result in a settlement offer or the opening of settlement negotiations, which in turn can result in a timely, lower-cost resolution to the matter than litigation.

Policy limit demands

Policy limits demands can illuminate possible paths to settlement or play a role in the decision as to whether to pursue litigation.