Preparing for Battle: How Lawyers Build Your Case Before Going to Court

As a potential client, you may wonder what really goes on behind the scenes after you’ve retained a Miami personal injury attorney to represent you in a legal dispute. The pre-litigation phase is a crucial stage that occurs before a lawsuit is filed. This phase typically includes several protocols and stages, such as notice, investigation, demand, and settlement negotiations.

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Initial Client Consultation: Assessing Your Case

When you first meet with your attorney, they will evaluate the details of your situation to determine if you have a viable case. This initial consultation allows you both to discuss the events leading up to your need for legal counsel and determine if the firm can provide assistance.

Review Case Details

Your attorney will review any evidence you have, such as photographs, medical records, or police reports. They will ask you a wide range of probing questions about key details to gain a full understanding of the events. It is important to be transparent and disclose all relevant information at this stage. Withholding facts could weaken your case later on.

If, after reviewing the details of your case, the attorney believes you have grounds to proceed to litigation or settlement negotiations, they will explain your legal options and the potential next steps. This may include filing a complaint to start the legal process officially. 

Gathering Evidence Before Filing a Lawsuit

Once you have decided to pursue legal action, your attorney’s first step is gathering evidence to build a strong case. This process, known as pre-litigation, is essential to success in court.

Evidence Collection

Your personal injury lawyer will collect any relevant evidence to support your claims. This includes gathering documents like contracts, medical records, photographs, videos, or other physical evidence. They will also interview potential witnesses and get signed statements.

They can then determine the best legal strategy based on the merits and strengths of your specific case. This diligent preparation work before filing a lawsuit significantly increases the chances of a favorable outcome at trial.


Depositions are another common pre-trial tool. Your lawyer will question key witnesses under oath to lock in testimony and uncover additional details to support your case. Depositions also allow the opportunity to assess the strengths and weaknesses of the opponent’s witnesses and arguments.

injury lawyers handle settlement negotiations

Settlement Negotiations: Resolving Disputes Without Going to Trial

Once litigation seems inevitable, many cases are resolved through settlement negotiations before going to trial. As your legal counsel, we will work to determine an acceptable settlement to resolve your dispute as efficiently as possible.

Exploring Settlement Options

Settlement negotiations allow both parties to avoid the uncertainty and costs of trial. We will evaluate your case to determine your optimal settlement position, and then convey a reasonable settlement demand to the other party. At the same time, we will listen with an open mind to any settlement offers proposed in return.

Compromise and cooperation are key. We may go back and forth with the other party a few times before landing on a mutually agreeable settlement. If talks break down, litigation remains an option, but settlement is often the preferable route. Over 95% of personal injury cases are settled out of court each year.

Mediation for Complex Cases

Mediation is a confidential process where both sides present their case to the mediator. The mediator then helps facilitate productive discussions and proposes fair compromises. While mediation is not legally binding, if an agreement is reached, we can draft a settlement for both parties to sign.

Settlement allows you to resolve your dispute on your own terms with a solution tailored to your needs. We aim to secure an outcome that satisfies your key interests so you can put this matter behind you and move forward. 

Our experienced Miami personal injury attorneys have a successful track record of negotiating favorable settlements for clients.

Hire A Skilled Miami Personal Injury Attorney

Our skilled Miami injury lawyers will leverage every tool at their disposal during the pre-litigation phase to build the strongest case possible for their clients. From conducting a thorough initial case review to filing motions and taking depositions, pre-trial preparation is essential. 

While the legal process can seem long and complex, working with experienced attorneys who know how to navigate the system and fight for your best interests can help put you at ease. Contact us at 754-799-7321 to schedule your free consultation today.