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
1---2name: pre-trial-report3description: 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.4---56# Insurance Defense Pre-Trial Report78Produces a structured, objective pre-trial report to an insurance carrier with honest risk assessment and actionable settlement/trial recommendations.910## Required Inputs11121. **Case file** — pleadings, discovery, depositions, prior status reports132. **Trial date** — confirmed date, judge, courtroom143. **Medical records** — treatment history, IME results, pre-existing conditions154. **Expert reports** — all retained experts (both sides)165. **Billing records** — fees/costs to date, projected trial costs176. **Settlement history** — demand/offer chronology, mediation results187. **Surveillance/impeachment materials** — if obtained1920## Header Block2122```23PRE-TRIAL REPORT2425TO: [Claims Manager Name and Title]26 [Insurance Company]27FROM: [Attorney Name], [Firm Name]28DATE: [Current Date]29RE: [Insured] v. [Plaintiff]30 [Court and Case Number]31 Policy No: [Number] | Claim No: [Number]32 Date of Loss: [Date] | Trial Date: [Date]33```3435## Report Sections3637Draft each section. Be direct — acknowledge weaknesses, quantify risks, avoid over-promising.3839| # | Section | Key Content |40|---|---------|-------------|41| 1 | **Introduction** | Purpose, timeline (~60 days out), developments since last report |42| 2 | **Trial Logistics** | Trial date, duration estimate, judge, remaining deadlines |43| 3 | **Factual Summary** | Chronological, evidence-supported; flag disputed facts |44| 4 | **Venue & Jury Analysis** | Historical verdict data, jury demographics, comparable verdicts |45| 5 | **Judge & Opposing Counsel** | Judge tendencies, ruling patterns; counsel trial record and style |46| 6 | **Costs & Fees** | Incurred to date; projected trial costs (attorney, experts, exhibits, post-trial) |47| 7 | **Motions Practice** | Completed motions and impact; pending (especially MSJ); planned MILs |48| 8 | **Liability Analysis** | Elements plaintiff must prove with evidence strength; comparative negligence %; affirmative defenses |49| 9 | **Damages Analysis** | Use damages table below |50| 10 | **Expert Testimony** | Both sides — qualifications, expected testimony, credibility, impeachment |51| 11 | **Party Presentation** | Plaintiff credibility, deposition performance; defendant witness quality |52| 12 | **Surveillance & Impeachment** | Footage inconsistencies, social media, medical contradictions, witness conflicts |53| 13 | **Trial Outcome Predictions** | Defense verdict % with reasoning; verdict range (low/mid/high) if plaintiff prevails |54| 14 | **Settlement Recommendations** | Current posture, recommended range with reasoning, timing |55| 15 | **Final Recommendations** | Overall assessment, cost-benefit, clear trial-vs-settle recommendation with timeline |5657### Damages Table5859| Category | Amount/Range | Evidence Strength | Notes |60|----------|-------------|-------------------|-------|61| Past medical expenses | $ | | Gap treatment, causation |62| Future medical expenses | $ | | Expert support, speculative elements |63| Past lost wages | $ | | Documentation quality |64| Future earning capacity | $ | | Vocational expert opinions |65| Pain & suffering | $ | | Comparable awards in venue |66| Loss of enjoyment | $ | | Jury appeal factors |67| Pre-existing conditions | — | | Apportionment arguments |6869### Verdict Prediction Summary7071```72Defense Verdict Likelihood: ___%73If Plaintiff Prevails:74 Low: $___ Mid: $___ High: $___75 Comparative Fault Offset: ___%76Recommended Settlement Range: $___ – $___77```7879## Critical Rules8081- **Objectivity first** — report may be discoverable in bad faith litigation; every statement must be accurate and defensible82- **Acknowledge weaknesses** — carriers need honest risk information for business decisions83- **Don't force settlement** — if the case is defensible, say so; if not, say that clearly84- **Consistency with prior reports** — explain what changed and why if recommendation shifts85- **Quantify** — percentages for liability outcomes, dollar ranges for verdicts, cost projections86- **Flag coverage issues** — note anything creating coverage disputes or bad faith exposure87- **Jurisdictional specifics** — comparative negligence thresholds, damage caps, forum-state rules8889## Checklist9091- [ ] Case identifiers (policy, claim, case numbers) included92- [ ] Trial logistics and remaining deadlines covered93- [ ] Factual summary is objective and evidence-supported94- [ ] Venue/jury analysis with comparable verdict data95- [ ] Judge and opposing counsel assessed96- [ ] Complete cost analysis (incurred + projected)97- [ ] Liability analysis covers each element and defense98- [ ] Damages analyzed with ranges99- [ ] Expert testimony assessed for both sides100- [ ] Surveillance/impeachment evidence catalogued101- [ ] Outcome predictions realistic with reasoning102- [ ] Settlement recommendations specific with dollar ranges103- [ ] Defense weaknesses acknowledged104- [ ] Recommendations actionable with decision timeline
lev-os