How to Create a Personal Injury Case Plan That Works
June 07, 2023
Creating a successful Personal Injury case plan can be the difference between winning or losing a case. The plan should be methodical, comprehensive, and detailed. It should consider the unique circumstances of each particular case and reflect the client's individual goals.
When creating a Personal Injury case plan, the first and most important step is to assess the facts of the case. The attorney should attempt to answer as many of the "who, what, where, when, how and why" questions as possible. This will help to determine the strength of the case and the best strategies for achieving a favorable outcome.
The next step is to create an evidence strategy. This plan should include a thorough investigation to identify all the relevant evidence, and a strategy for gathering, preserving and analyzing the evidence. The attorney should consider the documents and records that will be necessary to prove the case and the witnesses who can be called to provide testimony.
The attorney will then need to evaluate the applicable law. This involves researching the relevant statutes and case law to determine the legal theories that can be used to support the case. The attorney should consider which legal theories are most likely to be successful and how to best present those theories to the court or jury.
Once the legal theories are established, the attorney should create a settlement strategy. This plan should include an assessment of the strengths and weaknesses of the case and a negotiation strategy that balances the interests of the client and the other parties. The attorney should also consider alternative dispute resolution options such as mediation or arbitration.
The fourth step is to create a trial strategy. This plan should include an analysis of the evidence, a strategy for presenting the evidence in the most persuasive manner, and an argument that persuasively communicates the client's position to the court or jury.
Finally, the attorney should create a communication strategy. This plan should include a system for keeping the client informed of developments in the case, as well as a strategy for responding to inquiries from the other parties.
Creating a comprehensive Personal Injury case plan is critical for success. By taking the time to:
- Assess the facts of the case
- Create an evidence strategy
- Evaluate the applicable law
- Develop a settlement strategy
- Create a trial strategy
- Devise a communication strategy
the attorney can ensure that the case is handled competently and that the client's interests are protected.