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How to Prepare for Trial in an Auto Wreck Case

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Although most auto accident lawsuits settle out of court well before scheduled trial dates, a smart personal injury lawyer never banks on settling a case. Instead, the lawyer always keeps the potential trial in mind when handling pre-trial issues. Doing so enables the lawyer to gather the facts, documents, and testimony necessary to establish the required elements of the plaintiff's case to win the trial.

A board certified personal injury trial lawyer prepares his auto wreck files by evaluating which documents and what testimony will be needed to win the case at trial. For example, in a typical auto crash case, the plaintiff must prove that the accident was the defendant's fault. Second, the plaintiff must prove that he has been physically and financially injured by producing medical bills, proof of lost income, and other evidence regarding the plaintiff's pain and suffering or other damages. Finally, the plaintiff must be able to connect the defendant's wrongful conduct to the plaintiff's injuries and prove that the defendant's conduct caused the plaintiff's injuries. After determining what evidence is needed to prove each element of a cause of action at trial, the lawyer focuses on gathering the needed items.

Focusing on these issues pre-trial not only puts the plaintiff in a better position heading into trial, but it can also raise the settlement value of the case. A plaintiff's advance preparation sends a message to the defendant that the plaintiff has the proof necessary to be successful in court and that the plaintiff will not be bullied into taking a low settlement offer just to avoid litigation.

Benny Agosto, Jr. is a partner at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend in Houston, Texas. For over 65 years, Abraham Watkins has successfully represented injured people and families who fall victim to catastrophes. Our attorneys have the knowledge, experience and resources necessary to obtain just compensation their clients. For more information, please contact the office of Benny Agosto, Jr. at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend, by letter at 800 Commerce Street, Houston, Texas 77002, or by phone at (713) 222-7211.

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  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

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