Efficient case assessment begins by working backward from the client’s objective. To do this, counsel will approach litigation and other legal proceedings as occasions that present potential results and then use qualitative and measurable assessments to:
- Determine risk.
- Reduce expenses.
- Terminate cases as soon as practicable.
- Otherwise reduce or eliminate further exposure to litigation.
There are many factors at play when it comes to viewing a potential lawsuit. These factors help to determine viability.
We have to establish liability – What did the defendant do to cause your injuries?
We have to evaluate extent of damages – Does your attorney have all the necessary medical records and police reports? Is this case within the statute of limitations?
We have to look at the potential financial outcome – Does the defendant have means to pay a settlement or a judgment? Does the defendant have insurance?
A case is only as strong by how feasible it is. The attorney also has to assess how easy or hard it will be to gather additional evidence. Use of a structured approach for evaluating cases – litigation risk assessment – is the key to this process. The client’s integrity is also an important consideration in evaluating the strength of the evidence. The attorney also needs to determine whether there are any witnesses who can help prove the individual’s case. All these coupled together lead to an impenetrable strategy and game plan.