How We Will Win Your Case In Litigation


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How We Will Win Your Case In Litigation

If your case goes into litigation, (although most do not), we as your Personal Injury Lawyer will pursue what is called discovery against the responsible parties. The effect of our discovery will be to significantly alter the defendant's perception of their risk and of your case's value. We do this by planning and preparation.

All of our cases follow four basic rules. We apply these rules in every case. The rules are:

  1. Jurors' motivation to seek justice
  2. Jury bias
  3. Strategic case planning
  4. And Proof.

As long as we follow these rules, we will win and convince the defense or the jury of the full value of your claim.

The first thing we do when we begin litigation is to analyze the case in the defense attorney's eyes. We analyze and indicate all the case critical issues, all of the defenses that the defense may have and, any negative jury attitudes and biases against our client, if they exist.

We then analyze how we can successfully turn around the negatives in each case. If necessary, we will take depositions to dispel any negatives in your case, including witnesses to cover what we call case critical issues, applying standards and rules to the conduct of the defendants, working out a timeframe in order to obtain all of these important issues on behalf of our client.

Sometimes we will use focus groups to develop themes and find out what jurors want to hear on a particular case.

Our purpose in discovery is to always change or alter the defense's perceived risk of going to trial, to increase the value of our clients case and for the defense to agree to settle with our client rather than go to trial.

We always heighten the importance of the defendant following the rules and we argue that with simplicity, clarity and directness. We repeatedly discuss how rules must be easy to understand, non-technical, and simple. We always discuss personal responsibility and accountability. This is a very important concern amongst all jurors. Jurors believe that all individuals must follow the rules and be held accountable for their actions. Jurors do not like individuals or corporations who break the rules and try to avoid accountability. For example, in an automobile or truck or bicycle or motorcycle accident, we will always ask, "Do you accept responsibility for the accident?" If the defendant says yes, he concedes that he or she accepts responsibility. If the defendant says no, it shows a continued pattern of avoiding responsibility. Either way, our client wins.

Our question protocol is the following:

  1. There is a rule
  2. The rule has been in existence for many years
  3. It is an important rule
  4. The defendant or witness is supposed to follow the rule
  5. The defendant or witness expects other to follow the rules
  6. Not following the rules unsafe
  7. It is wrong not to follow the rules
  8. If the rule is broken, then somebody will get hurt
  9. If you break the rule, you are accountable for your actions and the injury that may result

We always use the word "rule" in depositions so that we can tie it into the Standard of Care or the standard of conduct of the defendant because all jurors understand that everyone must follow the rules.

We connect the concepts of safety and survival with the defendant's duty to follow the rule. We communicate that the case is not about merely our client's or the plaintiff's safety; it's about the jury's safety and the community's safety and that everyone, including the defendant, must follow the rules.

Our goal is to always show that there are rules, that the rules were broken, how the violation of these rules makes our case larger than a single event so the jury understands that there is a sense of community and a general concept of safety to protect everyone, including the jurors and the jurors' family.

We have found this process to be effective in many cases allowing us to obtain wonderful results for our clients.

 

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