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, Agosto, Aziz & Stogner 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, Agosto, Aziz & Stogner, by letter at 800 Commerce Street, Houston, Texas 77002, or by phone at (713) 222-7211.