Trial is War, Choose Your Warrior Carefully

You’ve been seriously injured by the careless actions of another person, and now you’re facing the long road of recovery and justice. You’ve taken the important first step by choosing the right personal injury attorney to represent you. Thank you for asking me to fight on your behalf—it is a privilege.

But, you should know that I’ve also chosen you carefully as a client. At Baratta Law, we take on only a small percentage of the cases we’re asked to handle. I’ve selected you because your injury is serious, and by holding the responsible party accountable, we can work together to make our community just a little bit safer.

This process will be long, arduous, and expensive. Ultimately, it may lead to a trial. I prepare each case as if it will go to trial from day one because that is how we maximize your recovery and ensure the careless party is held accountable.

A Trial is War

Everything that happens before the trial is preparation for war. A settlement is like a peace treaty, but to earn the best possible terms for you, we must show the other side that they face an even greater risk in going to trial.

This process of preparing for war involves gathering evidence in your favor and working to reveal damaging admissions from the defendant. This includes obtaining video footage, photographs of the scene, witness statements, medical records, expert reports, and conducting background checks on all parties involved.

Building Your Case Through Discovery

Once the evidence has been gathered, we present it to the other side with a settlement demand. However, in most cases, this peace treaty isn’t enough to meet our goals of making you whole and holding the wrongdoer accountable. That’s when we must declare war by filing a lawsuit or complaint in court.

The longest part of the war preparation process is known as discovery. During discovery, both sides exchange information, but in reality, we’re fighting to build favorable evidence for your case and expose weaknesses in the other side’s defense.

The Power of Depositions

One of the most powerful tools during discovery is the deposition. A deposition is a questioning, under oath, of a witness or party involved in the case. If handled skillfully, a deposition can expose weaknesses in the defense’s case and solidify your position.

To minimize the risk during your deposition, I will spend considerable time preparing you for this battle. At the same time, I’ll dedicate countless hours preparing to extract damaging admissions from the defendants during their depositions.

Preparing for Trial

Once discovery is complete, we will be ready to go to trial. By this point, years may have passed since you first came to me for help. During that time, we will have developed a deep understanding of each other, and I’ll have an intimate knowledge of the details of your life and your injury. Whether or not we become friends, we will have established mutual respect, knowing we’re in this battle together—fighting for the only acceptable outcome: Victory.

Facing Fear and Achieving Victory

As trial approaches, fear is inevitable. But remember, fear is felt on both sides. No one wants to lose, and the other side is just as afraid of the outcome as we are. If we’ve made it to this point, we’ve created the environment to achieve the best possible settlement terms.

But sometimes, even the best settlement offer isn’t enough to make you whole, hold the wrongdoer accountable, or ensure our community is safer. If that’s the case, trial is the only option.

Resolving to Fight

Getting to this stage has taken courage, resolve, and focus. The financial expense (which I bear) is significant, and the effort we’ve shared could result in a total loss. But remember, you chose me carefully, and I chose you carefully. With mutual respect and trust built over years of preparation, I am confident we will succeed.

Why Choosing the Right Trial Lawyer Matters

At Baratta Law, we believe that personal injury trials are like war—intense, strategic, and ultimately about winning justice for our clients. Not every case will go to trial, but every case must be prepared as if it will. By choosing us, you’re selecting a law firm that is committed to fighting for the best possible outcome, no matter how long or difficult the road may be.

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