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.4license: Apache-2.05---67# Insurance Defense Pre-Trial Report89Produces a structured, objective pre-trial report to an insurance carrier with honest risk assessment and actionable settlement/trial recommendations.1011## Required Inputs12131. **Case file** — pleadings, discovery, depositions, prior status reports142. **Trial date** — confirmed date, judge, courtroom153. **Medical records** — treatment history, IME results, pre-existing conditions164. **Expert reports** — all retained experts (both sides)175. **Billing records** — fees/costs to date, projected trial costs186. **Settlement history** — demand/offer chronology, mediation results197. **Surveillance/impeachment materials** — if obtained2021## Header Block2223```24PRE-TRIAL REPORT2526TO: [Claims Manager Name and Title]27 [Insurance Company]28FROM: [Attorney Name], [Firm Name]29DATE: [Current Date]30RE: [Insured] v. [Plaintiff]31 [Court and Case Number]32 Policy No: [Number] | Claim No: [Number]33 Date of Loss: [Date] | Trial Date: [Date]34```3536## Report Sections3738Draft each section. Be direct — acknowledge weaknesses, quantify risks, avoid over-promising.3940| # | Section | Key Content |41|---|---------|-------------|42| 1 | **Introduction** | Purpose, timeline (~60 days out), developments since last report |43| 2 | **Trial Logistics** | Trial date, duration estimate, judge, remaining deadlines |44| 3 | **Factual Summary** | Chronological, evidence-supported; flag disputed facts |45| 4 | **Venue & Jury Analysis** | Historical verdict data, jury demographics, comparable verdicts |46| 5 | **Judge & Opposing Counsel** | Judge tendencies, ruling patterns; counsel trial record and style |47| 6 | **Costs & Fees** | Incurred to date; projected trial costs (attorney, experts, exhibits, post-trial) |48| 7 | **Motions Practice** | Completed motions and impact; pending (especially MSJ); planned MILs |49| 8 | **Liability Analysis** | Elements plaintiff must prove with evidence strength; comparative negligence %; affirmative defenses |50| 9 | **Damages Analysis** | Use damages table below |51| 10 | **Expert Testimony** | Both sides — qualifications, expected testimony, credibility, impeachment |52| 11 | **Party Presentation** | Plaintiff credibility, deposition performance; defendant witness quality |53| 12 | **Surveillance & Impeachment** | Footage inconsistencies, social media, medical contradictions, witness conflicts |54| 13 | **Trial Outcome Predictions** | Defense verdict % with reasoning; verdict range (low/mid/high) if plaintiff prevails |55| 14 | **Settlement Recommendations** | Current posture, recommended range with reasoning, timing |56| 15 | **Final Recommendations** | Overall assessment, cost-benefit, clear trial-vs-settle recommendation with timeline |5758### Damages Table5960| Category | Amount/Range | Evidence Strength | Notes |61|----------|-------------|-------------------|-------|62| Past medical expenses | $ | | Gap treatment, causation |63| Future medical expenses | $ | | Expert support, speculative elements |64| Past lost wages | $ | | Documentation quality |65| Future earning capacity | $ | | Vocational expert opinions |66| Pain & suffering | $ | | Comparable awards in venue |67| Loss of enjoyment | $ | | Jury appeal factors |68| Pre-existing conditions | — | | Apportionment arguments |6970### Verdict Prediction Summary7172```73Defense Verdict Likelihood: ___%74If Plaintiff Prevails:75 Low: $___ Mid: $___ High: $___76 Comparative Fault Offset: ___%77Recommended Settlement Range: $___ – $___78```7980## Critical Rules8182- **Objectivity first** — report may be discoverable in bad faith litigation; every statement must be accurate and defensible83- **Acknowledge weaknesses** — carriers need honest risk information for business decisions84- **Don't force settlement** — if the case is defensible, say so; if not, say that clearly85- **Consistency with prior reports** — explain what changed and why if recommendation shifts86- **Quantify** — percentages for liability outcomes, dollar ranges for verdicts, cost projections87- **Flag coverage issues** — note anything creating coverage disputes or bad faith exposure88- **Jurisdictional specifics** — comparative negligence thresholds, damage caps, forum-state rules8990## Checklist9192- [ ] Case identifiers (policy, claim, case numbers) included93- [ ] Trial logistics and remaining deadlines covered94- [ ] Factual summary is objective and evidence-supported95- [ ] Venue/jury analysis with comparable verdict data96- [ ] Judge and opposing counsel assessed97- [ ] Complete cost analysis (incurred + projected)98- [ ] Liability analysis covers each element and defense99- [ ] Damages analyzed with ranges100- [ ] Expert testimony assessed for both sides101- [ ] Surveillance/impeachment evidence catalogued102- [ ] Outcome predictions realistic with reasoning103- [ ] Settlement recommendations specific with dollar ranges104- [ ] Defense weaknesses acknowledged105- [ ] Recommendations actionable with decision timeline
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