--- name: pre-trial-report title: Insurance Defense 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. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/pre-trial-report license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: personal-injury language: en 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