A BIG Court Settlement doesn’t just magically happen. If you haven’t properly prepared your case for trial, then you might be forced to take a terrible settlement. But if you’ve followed these essential tips, then you can force the OTHER side to give you the court settlement you deserve.
Did you know that over 90% of cases settle before they even reach trial? But if you don’t settle, then these tips will help you to WIN when you go to trial.
Gather Witness Statements
Witness testimony is invaluable in any trial. Firsthand accounts of the events in question will significantly bolster your case by adding credibility and context to your arguments. In order for you to know what your witnesses will testify to, you need to gather written witness statements. Also, getting witness statements early is crucial since memories tend to fade over time.
- Establishing Credibility: Witnesses who can corroborate your version of events are instrumental in building a trustworthy narrative. Their testimony can provide a human element to the case, making the facts more relatable to the judge and jury. Furthermore, the consistency between multiple witness statements can reinforce the reliability of your claims, making it harder for the opposition to cast doubt on your account.
- Supporting Your Narrative: Witness statements help us paint a clearer picture of what happened. They allow us to present a cohesive story that aligns with the evidence. By carefully selecting and preparing witnesses who can speak to different aspects of the case, we can create a multi-dimensional narrative that is both compelling and persuasive.
- Identify Weaknesses:Witness statements won’t always match 100%. In fact, it is odd when several people tell the exact same story. However, knowing these differences in advance can help to identify weaknesses in your case so you can be prepared to counter them in trial.
Gathering these witness statements isn’t difficult and these statements don’t require any special language. It isn’t mandatory, but it would be helpful if the statement begins with, “If I am called to testify about the car crash/the contract/the divorce, this this is what I would testify to…”
Don’t be afraid to ask the witness to include other facts that they told you but left out of their statement. They might not have thought those facts were important enough to include, but you want to get the full picture in writing. Also, don’t be afraid to ask them questions about other relevant facts and then have them include those facts in their statement.
This is the time to gather all of the information that they might testify to, so don’t be shy. They’d rather that you ask these questions in private first rather than hearing them on the witness stand first.
Compile Evidence and Exhibits
Evidence and exhibits are the backbone of every trial. They provide the factual foundation upon which your case is built and are crucial in proving your claims to the court or jury.
- Objective Proof: Evidence, whether it be documents, photographs, physical objects, or digital records, serves as objective proof of the events in question. Unlike witness testimony, which can be subject to interpretation or memory lapses, evidence is concrete and irrefutable. It can directly support the facts you present and help to establish the truth of your claims.
- Enhancing Persuasion: Well-organized exhibits can enhance your persuasiveness by making complex information more accessible and understandable to the judge and jury. Visual aids such as charts, diagrams, or models can be particularly effective in clarifying the sequence of events or highlighting key points in your favor. By presenting evidence in a clear and logical manner, you can make a stronger impact and leave a lasting impression.
Many people wait until they hire an attorney to begin gathering their evidence. Don’t wait!
Hiring an attorney might not happen until many months (or sometimes a couple of years) after the incident. In Family Law cases, this evidence is constantly being created at every child custody exchange, visitation, and little league baseball game.
Begin preserving this evidence early because it has a tendency to disappear over time. It will also help you to present your case to your attorney and help them to grasp the issues. Not to mention, it will make trial preparation a breeze.
Create a Detailed Timeline
When I take a case to trial, it’s my job to tell my client’s story in a way that helps the judge or jury understand. In order to keep the judge or jury’s attention, you have to stay focused and avoid jumping around. That’s why I ask my clients to create a detailed timeline.
A detailed timeline is essential for organizing and presenting the facts of the case in a coherent and compelling way. It serves as both a planning tool for your legal team and a persuasive aid in the courtroom.
- Organizing the Facts: A timeline allows you to structure the case chronologically, ensuring that all events are presented in the correct order. This helps your attorney to avoid confusion and ensures that the narrative flows logically. It also enables you to identify any gaps or inconsistencies in the evidence, allowing you to address them before trial.
- Enhancing Clarity and Focus: In the courtroom, a well-prepared timeline can be used to guide the judge and jury through the sequence of events. It helps to keep their attention focused on the most important facts and ensures that the significance of each event is understood in the broader context of the case. By clearly delineating the chronology, we can make a stronger, more compelling argument.
- Tie in Evidence: As you’re putting together your timeline of events, you’ll probably realize that you have evidence to prove many of those events. For example, if you’ve been injured and went to the Doctor, then you likely want to reference the medical records in your timeline. If you really want to impress your attorney, your timeline will identify your diagnosis and reference the page number where that diagnosis can be found.
Basically, if you have an exhibit, then you should reference it in your timeline, and if you reference in your timeline, then you should try to find evidence to support it.
Between you and whoever is on the other side of the lawsuit, one of you will gather your witness statements, evidence, and timeline first. If you’re more prepared than your opponent, then you can force a court settlement early by overwhelming them with a well-written demand letter.
However, even if you don’t settle early, all of this work will significantly reduce your stress when it comes to your trial.
And if you want to know the top 5 reasons you’ll LOSE your Court Case, then you need to check out this article next.
–Authored by Matthew L. Harris, Esq.,
Matthew Harris Law, PLLC
1101 Broadway, Lubbock, Texas, 79401-3303
Tel: (806) 702-4852 | Fax: (800) 985-9479