Although most accident cases settle before trial, there are a few that actually get to a jury. Knowing this, every case in pre-litigation is handled with litigation in mind so as to have a file prepared to go to litigation if the need arises.
So, we need in pre-litigation to have the same proof mindset that we have in litigation.
In a trial, we need to prove two things, and then we need to prove a connector.
First, we need to prove that the accident or incident was the defendant’s fault. We must prove that the defendant is the only person who is responsible for the accident. This is called liability. We must prove the defendant is liable.
Second, we must prove damages. We must prove there were authentic medical bills, lost wages, pain, suffering or any other damages that apply.
Then we must prove the connector. We must prove that it was the accident that caused the damages. The defense may claim that the injuries you suffered came from an earlier accident or incident. We have to prove that the accident, and only the accident, caused the damages we are claiming.
Knowing these elements, we in pre-litigation prepare our cases to prove the exact same elements to the insurance companies with whom we are negotiating. The insurance companies must know that if they refuse to settle with us, we already have the proof we need to be successful in trial.
And that is what makes us always prepared to represent each and every client we have at Bailey & Galyen.