Against the Defense – The Secret Game in Case Negotiation

Against the defense – the secret game in case negotiation is always a hot topic, and being an expert in avoiding these games requires experience. Going to trial can sometimes seem like a game, and your personal injury case sometimes will not be settled for months or even years. In this article, we will talk about the secret game of case negotiation and what everyone may expect from defense attorneys.

Secret Game in Case Negotiation

The goal for every lawsuit

The client won’t be paid until the trial, and even if the case is as clear-cut as it can be, the defense will wait to pay the client on the day of the trial (or a day before trial).

So, a personal injury attorney must get the case to trial as quickly as possible. The sooner the attorney does this, the faster the client gets paid his/her settlement.

However, the defense lawyers know you need money now. They know many people have rent/mortgage to pay, medical expenses, electricity, and everything else a person would be doing and paying for if the accident never happened. Your life is ‘on hold,’ and the defense lawyers will try to use this hardship against you. He or she most often works for the insurance company that represents the party you claim is responsible for your injuries.

Tactics defense attorneys use to stall a case

  • Defense attorneys send out pages of unusual and excessive demands. They are allowed to ask for anything, and they will do it. It is up to the plaintiff’s attorney to determine whether the information is relevant or not.
  • Defense attorneys can adjourn or postpone depositions as many times as they can.
  • They also produce a lot of paperwork that can complicate the case.

Delays and adjournments

Depositions represent a crucial discovery tool in litigation. A deposition is the taking and recording of testimony of a witness under oath before a court reporter in a place away from the courtroom prior to trial. It is part of the permitted pre-trial investigation.

You can expect that defense attorneys will not hold the depositions of the parties until they have a complete set of the plaintiff’s medical and employment records. You can work to avoid deposition delays if you collect all plaintiff’s pre and post-accident medical records, all employment records, including W-2 statements and income tax returns for the past five years. You should conduct a criminal background search, gather photographs of the client’s injuries, and research social media for incriminating statements and photos.

Being proactive

As soon as you receive the defendants’ answer, you should serve a complete set of your client’s medical records and release authorizations to defense counsel. Although there should be no reason not to start depositions, the defense will tell you if they do not have all the records they need. This is when a personal injury attorney will remind them that they were delivered months ago.

The Preliminary Scheduling Conference

The Preliminary Scheduling Conference should have all the dates for depositions, original chart reviews, site inspections, and the defense medical examination. However, the plaintiff’s attorney should, at least a week before the Preliminary Scheduling Conference, ask the defense for alternative dates that the defendants are available for their depositions. 

An attorney should not consent to dates that are usually 8-12 months away. He/she can notify the defense that he/she will ask for so-ordered dates for the depositions of the defendants, so the dates should be scheduled in advance.

defense case negotiation games

Force the defense to comply with the discovery

The defense will, almost certainly, send you Pro-forma discovery responses, and they will object to nearly all your demands. All their Pro-forma responses should be answered with a follow-up email where the plaintiff’s attorney asks for the information again. Everything should be well documented.

Preparing for a deposition

Whether an attorney is defending a witness testifying as an individual or as a corporate witness, the attorney must comprehensively prepare that witness for the deposition. The witness must understand that they need to tell the truth, they need to understand what the case is about, why they are being asked to testify, and know the plaintiff’s themes and arguments.

The witness’s answers need to be as accurate and precise as possible, and the attorney can prepare and suggest possible responses to anticipated questions during preparation for a deposition.

Acting and coaching during a deposition

If an attorney is passive during a deposition and the witness is unruly, it may lead to sanctions. On the other hand, an attorney needs to avoid improper activity during a deposition, such as making groundless objections, harassing the attorney taking the deposition, or harassing the witness.

Pre-settlement loans

Pre-settlement loans shift the power of negotiation back to the plaintiff’s lawyer by removing the need for money now!

Since different negotiation games are being played and certain claims take longer than they should, pre-settlement cash advances are the solution for everyone waiting for their case to settle. They are easy to apply for, and you get your money fast. The advances may be used for any purpose, including rent, mortgage, living expenses, medical bills, etc. The advance would be payable at the end of the recovery at the end of the case, and if the plaintiff does not win, he/she does not pay back anything.

Be prepared

There is no magic answer for getting the case to trial quickly, but there are steps you can take to avoid most of the usual delays. The secret game in case negotiation should no longer be so mysterious if an attorney is well prepared.

If you need an experienced personal injury attorney, who knows everything about a legal process, you should contact attorney Dan Zohar and ask for a free consultation. Do not delay, call today at (800) 963-3311.

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