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Personal Injury Case Review Vs. Litigation: 5 Key Differences You Should Know


— November 25, 2024

Deciding between a personal injury case review and pursuing litigation depends on several factors.


Navigating a personal injury claim can be challenging, especially when deciding between a case review and moving forward with litigation. For individuals dealing with the aftermath of accidents, the goal is to obtain fair compensation for damages. However, there are multiple approaches to achieving this, each with distinct procedures, timelines, costs, and impacts on potential outcomes. Understanding these key differences can help claimants make informed decisions and avoid costly or time-consuming missteps. 

Read on to learn the differences between personal injury case review and litigation. 

Understanding Personal Injury Case Review 

A personal injury case review is typically the first step after an accident and involves consulting with an experienced personal injury attorney who will examine the facts of the case. The review can help determine whether the claim has legal merit and estimate the potential settlement value. 

During this phase, working with a personal injury lawyer can help as they evaluate evidence, review medical records, and offer guidance on potential legal strategies. This consultation is often free, allowing claimants to weigh their options without financial risk.  

When to Consider Litigation 

While a case review provides an overview, litigation is a more formal process for resolving disputes that may not be settled through negotiation. In litigation, the injured party files a lawsuit against the responsible party, leading to pre-trial motions, discovery, and, potentially, a trial.  

In many cases, claimants will work closely with an accident and injury lawyer to navigate the complexities of the litigation process, which involves building a compelling argument and gathering further evidence. 

The Key Differences You Should Know 

When pursuing compensation after an accident, understanding the differences between a personal injury case review and litigation is essential. Below are the key differences you should know:  

1. The Time Commitment: Case Review vs. Litigation  

A case review is typically a quicker process, taking a few days to a few weeks, depending on the complexity of the claim and the attorney’s availability. Once the review is complete, the claimant may choose to negotiate a settlement with the other party’s insurer or proceed with further legal action.  

Litigation, on the other hand, is generally time intensive. The pre-trial process alone can take several months or even years, especially if there are disputes over liability or damages. While some personal injury cases settle before reaching trial, those that proceed can be prolonged, involving several stages, including discovery, depositions, pre-trial motions, and court appearances. 

2. Costs Involved in Case Review vs. Litigation 

Most personal injury lawyers operate on a contingency fee basis, meaning they only collect payment if the client wins the case. Therefore, the case review stage incurs minimal costs, as most attorneys can provide initial consultations free of charge. If the attorney advises against pursuing litigation, the client is usually not financially burdened.  

On the other hand, the cost of litigation is generally higher, encompassing filing fees, court costs, and expert witness fees. While most personal injury lawyers still operate on a contingency basis during litigation, the additional expenses may reduce the net payout. However, for high-value cases, these costs can be justified, especially if litigation leads to a more favorable outcome. 

3. Privacy and Confidentiality Concerns 

Privacy is another significant consideration for individuals when choosing between a case review and litigation. Many people prefer to keep personal and sensitive information confidential, and this factor can influence their decision.  

Typically, a case review allows claimants to seek legal counsel in a confidential setting without revealing details to opposing parties or making information public. During a case review, discussions are limited to the attorney and claimant, keeping personal information protected.  

In contrast, litigation involves court filings and hearings, which are generally public records. For those concerned with privacy, this aspect of litigation can be a drawback, as details of the injury, medical history, and other personal information may become part of the public domain. 

4. Likelihood of Settlement: Case Review vs. Litigation  

Following a comprehensive case review, attorneys can negotiate favorable personal injury settlements directly with the insurance company. By working with a personal injury lawyer from the start, claimants are better equipped to reach a fair settlement offer without the time, expense, and emotional toll of litigation.  

If a fair settlement can’t be reached, litigation provides a platform to formally present the case and compel the opposing party to respond. The mere act of filing a personal injury lawsuit increases the pressure on the other party to negotiate, as litigation poses risks for both sides. For some claimants, this added leverage is a strong motivation to pursue litigation. 

5. Emotional and Psychological Impact

Woman in pain; image by Matteo Vistocco, via Unsplash.com.
Woman in pain; image by Matteo Vistocco, via Unsplash.com.

For many, the case review process involves minimal stress, allowing them to assess their claim and negotiate for fair compensation with little confrontation. Case reviews are typically conducted in an attorney’s office or over the phone, making it a relatively low-stress experience. 

On the other hand, litigation, with its lengthy timeline and adversarial nature, can be emotionally demanding. From preparing for depositions to attending court hearings, claimants may feel a prolonged sense of uncertainty. Lastly, revisiting the accident and testifying in court can be traumatic, especially for those who have endured severe injuries. 

Conclusion: Choosing the Right Path 

Deciding between a personal injury case review and pursuing litigation depends on several factors, including the case’s complexity, the desired outcome, privacy preferences, and willingness to invest time and resources. While a case review provides a convenient, low-cost opportunity to evaluate potential compensation, litigation is a formal process that can lead to a higher payout at a greater emotional and financial cost. 

For those facing this decision, keeping the information mentioned above in mind is crucial for understanding available options and developing an approach tailored to their unique needs and goals.

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