Strategic Considerations

Strategy is central to mounting your defense in any product liability or personal injury case. Following a careful analysis of the claim, your defense team must have an encyclopedic knowledge of:

  • the applicable law involved
  • the parties to the case
  • all available evidence, and its likelihood of admissibility

At Tomlinson, Rust, McKinstry & Grable, our legal experts take these and other strategic considerations for your defense preparation into account prior to going to court — from the style of argument best suited to the venue to the varied and complex procedural and technical issues that may arise. We meet and consult with each client to determine the appropriate strategy that will drive discovery planning, staff assigned to the case, and expert retention, among other decisions. We also explore the options for settlement early on, in an effort to save our clients the expense and distraction of a prolonged legal battle.

A key consideration in planning a strong defensive strategy is gaining an early understanding of the past history of claims, if any, as well as the client’s internal record-keeping and electronic data retention systems. Our litigation experts believe that only essential documents should be requested in discovery, to avoid the “document dump” that can occur from overly broad discovery requests, which can drive up defense costs.

But, our knowledge of defensive strategies is only half the story. As a firm involved in plaintiff representation on referral from other lawyers, Tomlinson, Rust, McKinstry & Grable knows how the other side thinks — and how to out-think them. Our lawyers know juries inside and out, how plaintiffs’ lawyers can make even the most tissue-thin cases seem fair and reasonable to them — and how to counter their attempts to win the jurors over. As part of this effort, careful and thorough preparation of client witnesses prior to being deposed is one of the most important steps in a successful defense.

By offering you an integrated approach to strategic considerations pertinent to you case, Tomlinson, Rust, McKinstry & Grable puts you in command of the legal battlefield, enabling you to contest and defeat opposing claims comprehensively.

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