In person, phone, or video consultations or client meetings are available. Contact us.


Why You Need to Understand a Presuit vs. a Lawsuit

Filing a claim against an opposing party in a car accident is essential.

Many people avoid doing this, because they do not want a drawn-out lawsuit or to be “suing” another person. The truth is, not many cases actually make it to the courtroom – to being “lawsuits.” Before they are lawsuits, they are “presuits,” and they do not become full-fledged lawsuits without your knowledge and consent. You should feel free to start a presuit, and once you understand the difference between it and lawsuit, you should feel comfortable.

The Presuit

The presuit stands apart from a lawsuit. It consists of the steps taken leading to a settlement and begins the minute you call your insurance company after an accident. It consists of:

  • Establishing your claim
  • Property damage
  • Recorded statements with the insurance company
  • Doctor visits
  • Retaining attorney representation
  • Negotiating with insurance company for a settlement

The medical situation is at the heart of your presuit. Whatever is needed to get you back to health is what the insurance company needs to cover.

The Lawsuit

Every situation is unique, but what doesn’t change is this: insurance companies must recompense for the damages their insured party caused, whether the damages are property or injuries. Sometimes it is necessary to get into a lawsuit in order to accomplish this. In order to move forward with a lawsuit, you must retain attorney representation. The lawsuit consists of:

  • Filing a complaint
  • Discoveries
  • Depositions
  • Interrogatories
  • Trial (it is rare for a case to make it to trial)

At the end of the day, it is most important that you recover from your injuries and use an auto accident attorney to facilitate the financial side of this process. Mac Hester Law’s mission is to make this happen. Put Mac Hester’s over thirty years of legal experience to work for you. Contact us today.