See Anatomy of a Personal Injury Case ## 1-4 on this web site.

When all the discovery has been completed and a trial date has been set, the plaintiff’s lawyer turns his attention to preparing the case for trial by jury. Though more than 90% of Massachusetts personal injury cases settle before trial, plaintiff’s counsel must prepare fully for trial. Even if a settlement occurs, the only way to obtain the best one is to be ready for trial and therefore able to reject an inadequate settlement (see on this web site, How Does my Personal Injury Case get Settled).

Some keys to successful trial preparation are: (1) mastery of the facts of the case; (2) a powerful theme and story; (3) preparing the plaintiff’s witnesses to testify; and (4) preparing to cross-examine the defense witnesses. Plaintiff’s lawyer masters the facts of the case through relentlessly thorough preparation. Every deposition transcript should be read personally by the attorney and transcripts of the depositions of important witnesses should be tabbed and indexed so that plaintiff’s lawyer is not surprised in court by his own witnesses, and can challenge defense witnesses with their sworn deposition testimony if they change their story in court.

Preparation is especially important in the case of expert witnesses. This can be frustrating for the plaintiff’s attorney because many experts, such as doctors, rehabilitation personnel, engineers and the like, are very busy. Some experts who testify frequently may believe that they know best how to testify, so that little preparation is needed. Plaintiff’s lawyer must overcome such obstacles. Nothing can bolster a serious injury case like the testimony of a good expert, while a poor showing can undo an otherwise strong case.

We all love good stories. Jurors are no exception. Behind every case of serious personal injury caused by another’s negligence, is a compelling story. The plaintiff’s personal story must always come alive for jurors so that they can appreciate what the plaintiff lost. How the event that harmed the plaintiff occurred, whether simple or complex, should always be presented in a manner to grip the jury’s attention. There is never a reason for a boring personal injury case.

The theme is an idea, an image, that ties every aspect of the case together. It should be powerful, easy to understand, and consistent with the evidence. Did the plaintiff fight to provide for his family despite his terrible injuries? Maybe the theme is of of a fighter, a man who would not let misfortune beat him down. Were the plaintiff’s injuries caused by a poorly designed product? The theme might be of a company who put its profits above safety of its customers. A good theme can be woven throughout the entire case, from opening statement, to direct and cross-examinations, and closing argument. If your lawyer has prepared thoroughly, chosen a strong theme, and presents a compelling story, you have an excellent chance for success.