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As trial attorneys, we often hear the adage “preparation is key to success.” But when exactly should that preparation begin? The truth is, the most crucial decisions in your case often need to be made within the first week to 30 days. These early decisions can dramatically impact your ability to achieve the best possible outcome for your client.
Let’s dive into the four fundamental areas that demand your immediate attention during early case assessment:
Understanding the Liability Landscape
The complexity of liability assessment often correlates directly with the magnitude of damages in your case. Consider this: you might have what appears to be a solid pharmaceutical liability case, but if the injuries are minor, the substantial costs of prosecution could outweigh the potential recovery.
On the flip side, take a trucking accident resulting in quadriplegia with limited insurance coverage. In such cases, thinking creatively about liability becomes crucial. Could the shipper bear some responsibility? What about the broker? Are there potential product liability claims related to the vehicles involved?
Remember, your ability to explore these angles depends heavily on early evidence preservation. Waiting too long to investigate alternative liability theories could mean losing access to critical evidence that could make or break your case.
Evaluating Damages with Precision
Your client is always Exhibit A. Beyond the obvious economic damages, understanding your client’s complete story – their daily struggles, their resilience, and their ability to withstand the pressures of litigation – is paramount. This deep understanding serves two crucial purposes: ensuring you’re truly putting their best interests first and maximizing the potential value of their case.
The severity of damages often dictates not just the potential recovery but also the strategic direction of your entire case. Early and accurate damage assessment helps you allocate resources appropriately and determine the viability of pursuing various liability theories.
Strategic Venue Selection
Think of venue selection as a chess game where your opening move can determine the entire trajectory of your case. The decision between state and federal court – and anticipating potential removal to federal court – requires careful consideration of multiple factors.
Consider this scenario: a crash occurs in Oklahoma, where damage caps could severely limit your client’s recovery. However, if the defendant company is based in Georgia, which has no damage caps, filing there or pursuing a choice of law motion to apply Georgia law could significantly impact your client’s potential recovery. This is where early consultation with appellate counsel can prove invaluable in crafting your strategic approach.
Insurance and Resource Allocation
Understanding the available insurance coverage isn’t just about knowing your potential recovery – it’s about building the right team for the battle ahead. Cases with significant damages and substantial collectability often require a carefully coordinated team effort. This might mean bringing in specialized counsel for discovery, appellate issues, and trial work.
Recent history proves the power of effective collaboration. Look at the $265 million verdict secured by John Bailey and the Glasheen Law Firm, or the record-breaking $300 billion-plus verdict that resulted from two trial firms joining forces. These remarkable outcomes didn’t happen by chance – they were the result of strategic team assembly and coordination from the earliest stages of the case.
The Bottom Line
The first 30 days of your case represent a critical window for making decisions that will shape your entire litigation strategy. By thoroughly addressing liability theories, understanding your client’s damages, making strategic venue choices, and properly assessing insurance and resource needs, you set the foundation for success.
Remember, the most successful trial lawyers aren’t just those who perform well in the courtroom – they’re the ones who lay the groundwork for victory from day one. Your early case management and assessment skills could be the difference between a good outcome and an exceptional one for your client.
About the Author
Louie Cook is a high-stakes personal injury attorney whose practice focuses on claims such as wrongful death and catastrophic litigation. In addition to trying cases in Texas, Cook has been admitted to practice pro hac vice in numerous states, including New Mexico, Arizona, Nevada, Oklahoma, Illinois, Missouri, California, North Dakota, Oregon, Idaho, Michigan, Ohio, Georgia and Kentucky.
