Last Updated: July 3, 2026
This post explains the critical first step in a personal injury lawsuit—the pre-litigation and investigation phase—and is essential reading for anyone who has been injured in an accident in New York or elsewhere and wants to understand what happens after they hire a personal injury attorney.
Hi everybody, my name is Arkady freshmen, I’m an attorney here in New York City. We have offices in the Bronx Queens in Manhattan and our main one here in Brooklyn. So a lot of the clients ask us how long is my case going to take and what stage is my case in now, but they’ll call us on the phone and they’ll say: what’s the status of my case, so I wanted to make a video that discussed All the different Steps In A Personal Injury Lawsuit – and that talked about how a case goes through the litigation process in New York, and I think this will be applicable to a lot of the parts of the country. Usually it works similarly in other states and other jurisdictions. So the very first step is called pre litigation or pre-lit, or also known as Personal Injury Lawsuit Steps investigation.
So we get a call from a potential client and they tell us what happened. For example, I was rear-ended by a truck and we get all the details about how the incident happened where they’re feeling pain. Maybe they already have a diagnosis of injury from a doctor, or maybe they just have symptoms, which is feelings of pain in their neck and their back somewhere else, and then they’ll go see a doctor and get treatment. So we do a lot of the investigatory work at this stage and that includes going to the scene taking a look at what might have caused the incident for a trip and fall. For example, we’ll go to the scene and if it’s a hole, we’ll measure the depth of the hole, we’ll do an analysis of it.
We’ll take a look at where it is we’ll. Take some pictures that are close up, but also from from far away to have context to how to be able to explain everything about the scene, we’ll do a full interview with the injured individual. So we understand like how they’re feeling how it’s affected them we’ll see. If they have lost wages, if they’re missing time from work, if they have medical bills and we’ll usually fill out a client questionnaire, which is like an intake and that’ll, have a lot of the questions and answers in that questionnaire. And then the other thing we have to do is we have to send an initial letter of representation to all the parties involved, so, for example, in an auto accident, we’ll send it to the insurance companies for the cars involved.
If it’s a trip and fall and the building owner is at fault, we’ll send it to that and tell them to send it to their insurance company. So usually we try to find insurance because insurance is going to be that pocket. That’S gon na pay for the ultimate compensation to our client. So that’s the investigative stage and you know the important thing that the client has to do during the investigative stage is the client has to get their medical care. They have to go to the right doctors.
They have to make sure that they go and get the proper diagnostic testing, because once we have that medical record with the diagnostic testing, such as cat scans, x-rays, MRIs or other, then we can either put a package together and send it to the bodily injury. Adjuster and then begin to negotiate the case to try to get a settlement. Usually, if it’s a small case it could be settled, pre litigation or if it’s a larger, more serious injury. We need to have that medical record so that we can file a lawsuit and withstand anything like a motion to dismiss or any kind of hurdles, so we can efficiently and effectively move that case right, like a like running back because of the ball, we want to Move that case through the court system and get to trial and to do the best we can for you, our client, because that’s our ultimate mission, helping injury victims and their families.
According to the U.S. Department of Justice Bureau of Justice Statistics, approximately 96% of personal injury cases are settled before trial, making the pre-litigation investigation phase critical for building a strong foundation for successful settlement negotiations or courtroom litigation.
If you want to see the video of the transcript above it is below.
What is the first step in a personal injury lawsuit?
The first step in a personal injury lawsuit is the pre-litigation or investigation phase. During this stage, your attorney gathers evidence, documents the accident scene, interviews you about your injuries, and sends letters of representation to the responsible parties and their insurance companies. This foundational work is essential before any settlement negotiations or lawsuit filing can begin.
How long does the pre-litigation investigation phase typically take?
The pre-litigation investigation phase can take anywhere from a few weeks to several months, depending on the complexity of the case and the extent of your injuries. Your attorney will need time to gather all relevant evidence, and you will need to complete medical treatment or reach maximum medical improvement before the full extent of your damages can be assessed.
What should I do during the investigation phase of my personal injury case?
During the investigation phase, your primary responsibility is to focus on your medical care and recovery. You should attend all doctor appointments, follow prescribed treatment plans, and obtain proper diagnostic testing such as X-rays, MRIs, or CT scans. These medical records are crucial for documenting your injuries and building a strong case.
Why does my attorney need to send a letter of representation to insurance companies?
Your attorney sends a letter of representation to notify all relevant parties and their insurance companies that you have legal representation. This letter establishes the attorney-client relationship, directs all communication through your attorney, and helps identify which insurance policies may provide coverage for your compensation. Finding adequate insurance coverage is critical because it often represents the source of funds for your settlement.
Can my personal injury case be settled during the pre-litigation phase?
Yes, many personal injury cases, especially smaller ones with clear liability and documented injuries, can be settled during the pre-litigation phase without ever filing a lawsuit. Your attorney will compile a demand package with your medical records, bills, and other documentation to negotiate with the insurance adjuster. However, larger cases with more serious injuries often require filing a lawsuit to obtain fair compensation.
What evidence does my attorney gather during the investigation phase?
During the investigation phase, your attorney gathers various types of evidence including photographs of the accident scene, measurements of hazards (such as the depth of a hole in a trip and fall case), medical records and diagnostic test results, documentation of lost wages, and detailed interviews about how the incident occurred and how it has affected your life. This comprehensive evidence collection forms the foundation of your entire case.
Does the personal injury lawsuit process work the same way in all states?
While the general steps of a personal injury lawsuit are similar across most states, there can be important differences in state-specific laws, statutes of limitations, and procedural requirements. The pre-litigation investigation phase described here is applicable to cases in New York and most other jurisdictions, but you should always consult with an attorney licensed in your state to understand the specific requirements that apply to your case.
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