| name | pre-trial-report |
| language | en |
| 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
- Case file — pleadings, discovery, depositions, prior status reports
- Trial date — confirmed date, judge, courtroom
- Medical records — treatment history, IME results, pre-existing conditions
- Expert reports — all retained experts (both sides)
- Billing records — fees/costs to date, projected trial costs
- Settlement history — demand/offer chronology, mediation results
- 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
