How to Win a Civil Lawsuit

Attend all scheduled meetings with your attorney. Your participation is an important part of winning your case. Your attorneys may request that you meet with them to discuss your case, sign medical releases, and prepare for depositions and trial. It is crucial that you attend these meetings so that your case can move forward quickly.

Attend any examinations or meetings with specialists. Depending on the type of case, your attorneys may ask that you get examined by a medical specialist or meet with an expert witness. These specialists are there to provide expert opinions about the damages and injuries that you sustained. Medical evidence and/or expert testimony are important parts of cases involving injury, employment lawsuits and disability claims.

Assist in answering discovery requests. After a lawsuit is filed, the case moves into the “discovery” phase. Attorneys for the plaintiff and the defendant will send formal, written questions and requests for documents. Your attorney will meet with you to respond to these requests and you may have to sign a verification swearing that you answered the questions truthfully. Your attorney may challenge some of the questions as overboard or burdensome but if a judge rules that you need to respond then you must comply with the ruling.^[5]

Prepare for your deposition. After written discovery is completed, the opposing side of the lawsuit may call for your deposition, which is where you answer questions under oath and in front of a court reporter. Depositions typically take place in a conference room at an attorney’s office. Your attorney will also be present. Before your deposition, your attorney will meet with you to prepare you for the deposition. The purpose of a deposition is so that parties can identify what a witness will say at trial.^[6]

Attend any pretrial mediation or settlement conferences. Often parties will engage in a settlement discussions before trial starts. If your attorney requests your presence at a settlement conference, you should attend. Settlement negotiations, especially negotiations involving a neutral mediator or a judge, give both parties in the lawsuit a chance to get an outside opinion on the strength of the case and how much it is worth. These negotiations can be daylong or multi-day affairs but can result in a guaranteed money settlement. Settlement negotiations can take place before trial, during trial, and up until the moment that a verdict is reached in your case.^[7]

Hire a top expert. Many civil cases rely on expert testimony to help prove their case to the jury. When choosing an expert, you want someone who is well credentialed but also persuasive. It could be damaging to your case if you choose someone who can’t speak to the jury, falters over his/her testimony, or seems unsure of himself/herself. Choosing a highly qualified and persuasive expert can provide you with an edge that can tip the jury in your favor.^[8]

Hire a pre-trial consultant. Professional trial consultants provide attorneys with psychological and sociological advice on how best to present your case to a jury. This advice may include the most effective way to present evidence or the best ways to get jurors to relate and sympathize with you. Trial consultants may run mock trials with paid individuals who provide feedback on how attorneys presented a case, what was persuasive and what failed to catch their attention. This feedback allows attorneys to construct the most persuasive case before they enter the courtroom giving them a better chance at winning.

Choose a sympathetic jury. Choosing the right jury can greatly impact the outcome of your case. It is important to note that opposing attorneys can agree on a jury member, but their only really power is to strike jurors that they think will hurt their case. For instance, in a medical malpractice case, injured parties don’t want medical personnel on their jury because they want their expert explaining the medical condition.^[9] When choosing a jury think about the following:

• You want to strike the juror that opposing counsel wants the most.
• You want to seem disinterested in the jurors that you want the most so that opposing counsel doesn’t strike them.^[10]
• Be wary of individuals who seem to really want to get on the jury. It is impossible to understand their motivations and therefore more difficult to predict whether they will be good jurors.^[11]
• Speak to the jury in a conversational manner.
• Try to relate to them on a personal level.
• Appear calm in front of the jury because this is the first impression that the jury will have of your case.^[12]

Undermine the credibility of opposing witnesses. During cross-examination, your lawyer will have the chance to question opposing witnesses. Juries are responsible for judging the believability of witnesses so it can be an advantage to your case if you can make opposing witness seem biased or unreliable. When cross-examining witness, it is important to remember the following:

• Ask direct and leading questions so that a witness has little opportunity to explain his or her answers.
• Do not appear to “badger” the witness or it may make the jury more sympathetic to the opposing side.
• If a witness changes their testimony, use their deposition testimony to show that they are providing inconsistent testimony. This may make the jury consider the witness unreliable.
• If the witness is hostile to your case, then you must highlight their bias so that the jury understands that their testimony may not be completely reliable.

Choose Arbitration instead of trial. An arbitration is a binding but private judicial determination on the merits of your case. Typically, the parties agree to retain a neutral third party (often a former judge) to hear the evidence and make a judgment. One of the reasons to choose an arbitration is to avoid the expense of trial but still have the opportunity to put on witnesses and present your case for a binding judgment. Some reasons to consider arbitration:

• If you are concerned that a jury may not understand the facts of your case or may not like you or your case this may be a good option.
• You have an equal say in choosing the arbitrator, which means you may be able to have an arbitrator who is sympathetic to your case or has a greater understanding of the subject matter.
• Arbitrators are more likely to allow you to present all relevant evidence, even evidence that may not have been admissible in court. This could provide you with a significant advantage if you know that a judge may keep out evidence important to your case.
• Arbitration can be kept confidential, which may induce a party to submit to arbitration who otherwise would try to drag out the trial process.
• You can reach a high-low agreement. A high-low agreement allows the parties to choose an amount of money that is the highest possible award a defendant would have to pay as well the lowest amount a plaintiff could receive. If your concerned that you may not be awarded damages or that your case may not be successful, setting a high-low agreement means that even if you lose, you still get some amount of money. It also means that if you win, the defendant will never pay an amount higher than what was agreed on.

Choose a non-jury/bench trial. Most often, the plaintiff (the person filing the lawsuit) will choose to have their case decided by a jury. Occasionally, plaintiffs will opt instead for a bench trial, which is when a judge provides the final ruling in the case. A plaintiff may strategically opt for a bench trial if their case is too complicated for a jury to understand.^[13]

Meet with your attorney to review your deposition and prepare for trial testimony. As the trial approaches, your attorneys will meet with you if they intend to call you as a witness in your case. Your attorney will review the questions that they will ask you and also prepare you for cross-examination, which is when the opposing counsel has the opportunity to question you during trial. When testifying at trial, follow your attorneys’ advice and also consider the following:

• Listen carefully to opposing counsel’s questions and only answer the question that they ask.
• Stop speaking immediately if the judge interrupts you.
• Answer the questions truthfully and if you cannot recall something being asked of you, you can answer “I cannot recall.”
• Respond verbally to questions being asked.
• Try not to lose your temper while testifying.
• Do not discuss your testimony with other witnesses.^[14]

Dress professionally. When appearing in court you want to dress in a professional manner. If you are a man, consider wearing a collared shirt and a tie. If you are a woman, considering wearing dress pants, a nice blouse or a dress. Ask your attorney if you have any questions about what type of clothes that you should wear for court. Most attorneys will discuss this with you as part of your trial preparation.

Attend trial. Most often, your attorneys will want you to be present for the whole trial. Remember, jury members will be watching you throughout the trial and therefore you must appear interested in what is being said but also try not to let yourself get too upset or angry. Civil cases can be extremely emotional events and testimony can often be upsetting. You must do your best to present yourself in a calm manner.^[15]

Settle your case. During the trial, the attorneys for both parties may engage in settlement negotiations. If your case appears strong to opposing counsel, they may be concerned that a jury decision could go against them and therefore they may want to settle the case. Your attorney will engage in these negotiations, discuss any settlement offers with you, and help you decide, if and when, it is in your best interest to settle your case.^[16]

Receive a jury verdict. If the jury makes a decision in your favor, most often they will indicate the amount of damages to be awarded. If the jury finds in favor of the defendant, no damages are awarded. An attorney may ask that the jury be “polled,” which means that each juror is asked to specify how they voted in the case. Attorneys will do this if they want to know whether a decision was unanimous or if the jurors disagreed. Once the verdict is rendered, the trial is over.