Pre Trial Report

---
name: pre-trial-report
description: Drafts objective pre-trial reports for insurance carriers in personal injury defense litigation. Covers liability analysis, damages evaluation, venue/jury analysis, cost projections, expert testimony, settlement recommendations, and trial outcome predictions (~60 days before trial). Use when preparing carrier pre-trial reports, defense trial assessments, or settlement recommendation memos.
tags:
  - drafting
  - litigation
  - memo
---

# Insurance Defense Pre-Trial Report

Produces a structured, objective pre-trial report to an insurance carrier with honest risk assessment and actionable settlement/trial recommendations.

## Required Inputs

1. **Case file** — pleadings, discovery, depositions, prior status reports
2. **Trial date** — confirmed date, judge, courtroom
3. **Medical records** — treatment history, IME results, pre-existing conditions
4. **Expert reports** — all retained experts (both sides)
5. **Billing records** — fees/costs to date, projected trial costs
6. **Settlement history** — demand/offer chronology, mediation results
7. **Surveillance/impeachment materials** — if obtained

## Header Block

```
PRE-TRIAL REPORT

TO:      [Claims Manager Name and Title]
         [Insurance Company]
FROM:    [Attorney Name], [Firm Name]
DATE:    [Current Date]
RE:      [Insured] v. [Plaintiff]
         [Court and Case Number]
         Policy No: [Number] | Claim No: [Number]
         Date of Loss: [Date] | Trial Date: [Date]
```

## Report Sections

Draft each section. Be direct — acknowledge weaknesses, quantify risks, avoid over-promising.

| # | Section | Key Content |
|---|---------|-------------|
| 1 | **Introduction** | Purpose, timeline (~60 days out), developments since last report |
| 2 | **Trial Logistics** | Trial date, duration estimate, judge, remaining deadlines |
| 3 | **Factual Summary** | Chronological, evidence-supported; flag disputed facts |
| 4 | **Venue & Jury Analysis** | Historical verdict data, jury demographics, comparable verdicts |
| 5 | **Judge & Opposing Counsel** | Judge tendencies, ruling patterns; counsel trial record and style |
| 6 | **Costs & Fees** | Incurred to date; projected trial costs (attorney, experts, exhibits, post-trial) |
| 7 | **Motions Practice** | Completed motions and impact; pending (especially MSJ); planned MILs |
| 8 | **Liability Analysis** | Elements plaintiff must prove with evidence strength; comparative negligence %; affirmative defenses |
| 9 | **Damages Analysis** | Use damages table below |
| 10 | **Expert Testimony** | Both sides — qualifications, expected testimony, credibility, impeachment |
| 11 | **Party Presentation** | Plaintiff credibility, deposition performance; defendant witness quality |
| 12 | **Surveillance & Impeachment** | Footage inconsistencies, social media, medical contradictions, witness conflicts |
| 13 | **Trial Outcome Predictions** | Defense verdict % with reasoning; verdict range (low/mid/high) if plaintiff prevails |
| 14 | **Settlement Recommendations** | Current posture, recommended range with reasoning, timing |
| 15 | **Final Recommendations** | Overall assessment, cost-benefit, clear trial-vs-settle recommendation with timeline |

### Damages Table

| Category | Amount/Range | Evidence Strength | Notes |
|----------|-------------|-------------------|-------|
| Past medical expenses | $ | | Gap treatment, causation |
| Future medical expenses | $ | | Expert support, speculative elements |
| Past lost wages | $ | | Documentation quality |
| Future earning capacity | $ | | Vocational expert opinions |
| Pain & suffering | $ | | Comparable awards in venue |
| Loss of enjoyment | $ | | Jury appeal factors |
| Pre-existing conditions | — | | Apportionment arguments |

### Verdict Prediction Summary

```
Defense Verdict Likelihood:   ___%
If Plaintiff Prevails:
  Low:    $___   Mid:    $___   High:   $___
  Comparative Fault Offset:   ___%
Recommended Settlement Range: $___  –  $___
```

## Critical Rules

- **Objectivity first** — report may be discoverable in bad faith litigation; every statement must be accurate and defensible
- **Acknowledge weaknesses** — carriers need honest risk information for business decisions
- **Don't force settlement** — if the case is defensible, say so; if not, say that clearly
- **Consistency with prior reports** — explain what changed and why if recommendation shifts
- **Quantify** — percentages for liability outcomes, dollar ranges for verdicts, cost projections
- **Flag coverage issues** — note anything creating coverage disputes or bad faith exposure
- **Jurisdictional specifics** — comparative negligence thresholds, damage caps, forum-state rules

## Checklist

- [ ] Case identifiers (policy, claim, case numbers) included
- [ ] Trial logistics and remaining deadlines covered
- [ ] Factual summary is objective and evidence-supported
- [ ] Venue/jury analysis with comparable verdict data
- [ ] Judge and opposing counsel assessed
- [ ] Complete cost analysis (incurred + projected)
- [ ] Liability analysis covers each element and defense
- [ ] Damages analyzed with ranges
- [ ] Expert testimony assessed for both sides
- [ ] Surveillance/impeachment evidence catalogued
- [ ] Outcome predictions realistic with reasoning
- [ ] Settlement recommendations specific with dollar ranges
- [ ] Defense weaknesses acknowledged
- [ ] Recommendations actionable with decision timeline