A lawsuit is not always required because sometimes the case can be settled prior to the formal filing of a lawsuit in a state or federal court. Assuming there is enough time prior to the expiration of the applicable statute of limitation, an attorney can notify the or culpable or at-fault party about the client’s injuries and the nature of his/her claims, and then attempt to negotiate a pre-suit settlement with the potential defendant(s) or the defendant’s insurance companies. However, a pre-suit settlement may not be achieved for any number of reasons including the potential defendant’s refusal to concede that he/she was negligent or to accept any liability for the claimant’s injuries, or the opposing parties’ inability to reach agreement upon a settlement amount or other important settlement terms. Also, the attorney may not even be able to attempt to obtain a pre-suit settlement because there is little time left before the expiration of the statute of limitation. If the statute of limitation will run in the near future, the attorney may have no choice but to file a lawsuit almost immediately and not delay with attempts to achieve a pre-suit settlement. Thus, sometimes a pre-suit settlement makes the filing of a lawsuit unnecessary, but it is not uncommon for lawsuits to be required because the parties will not or cannot agree upon settlement terms, there is not enough time to pursue pre-suit settlement, or there is some other legal reason the attorney believes the undelayed filing of a lawsuit is necessary.
