100 Days Out: How to Prepare for a Personal Injury Trial
Trial prep doesn’t begin 100 days out—it starts with client intake. However, those last 100 days before trial can make or break a case. This is when preparation shifts into overdrive: the focus turns from case-building to trial execution. At this stage, attorneys should be thinking strategically and tactically by tightening timelines, refining themes, and eliminating surprises.
Here’s a practical breakdown of how to make the most of those final 100 days before stepping into the courtroom.
1. Audit the Case File
Start with a comprehensive audit. Identify any gaps in medical records, missing billing ledgers, deposition transcripts that still need review, or outstanding discovery. Confirm compliance with all local rules and pretrial deadlines.
Checklist:
Confirm all trial deadlines
Review discovery to determine if there are any missing areas or incompleteness
Confirm all discovery responses are verified and up to date
Serve final written discovery, including supplemental requests, on opposing parties
Order updated medical records and bills and any outstanding subpoenaed records
Summarize deposition transcripts and highlight key admissions
Ensure you have hired all necessary experts and prepared your expert disclosure
Depose any treating doctors you want for trial testimony
Schedule focus group(s)
Draft your witness list and subpoenas for trial witnesses
Create trial demonstratives so you can use them with your retained and non-retained experts during their depositions
2. Prepare (and Protect) Your Experts
Schedule prep sessions, review their reports and expert files, and anticipate Daubert or Kelly/Frye challenges. Prepare motions in limine to exclude defense experts, especially those prone to speculative or unfounded opinions.
Pro Tip:
Vet retained and non-retained experts on both sides early. Dig into prior testimony, published works, and any inconsistent opinions.
3. Motions in Limine and Trial Briefs
Motions in limine aren’t just formalities, they shape the evidentiary landscape. Use them strategically to frame your narrative and box in the defense. At the same time, prepare your trial briefs to lay out the legal issues and show the judge and opposing counsel you're ready.
Focus Areas:
Unrelated injuries
Collateral source evidence
Expert scope and reliability
Inflammatory or irrelevant character evidence
Pocket briefs on specific legal issues to educate the court
4. Trial Theme and Jury Strategy
Trial isn’t just about presenting facts—it’s about telling a cohesive, compelling story. Identify your trial theme and refine it until it’s tight enough to repeat in voir dire, opening, and closing.
Ask Yourself:
What’s the emotional core of this case?
What will jurors care about most?
Where are my vulnerabilities, and how do I address them head-on?
This is also the time to finalize your jury instructions and start voir dire prep. Tailor your questions to flush out bias early and preserve challenges for cause.
5. Client and Witness Prep
Clients and fact witnesses should be prepped well in advance—especially if nerves or memory lapses may be a concern. Do multiple mock sessions and walk them through trial logistics, not just testimony.
Don’t Forget:
Coordinate with all witnesses who may be called to testify live. Nail down their availability early to avoid last-minute schedule disasters.
6. Logistics and Setup
Trial success often hinges on logistics. Create checklists, exhibit binders, demonstratives, electronic presentations, and outlines. Set up your trial file with easy access to deposition clips, impeachment material, and medical summaries.
Preparation Tips:
Build a digital trial binder and a physical backup
Coordinate courtroom tech needs in advance
Prepare alternate witness orders in case of scheduling shifts
7. Settlement Posture and Final Demands
As trial approaches, settlement discussions often re-emerge. Know your bottom line and be prepared to present your demand with precision. Sending a CCP § 998 offer if you have not done so already.
Strategy Tip:
Use your readiness as leverage. A well-drafted MIL packet and trial brief sent to opposing counsel can often shift settlement talks dramatically.
Final Thoughts
The last 100 days before a personal injury trial are about elevating your case from prepared to persuasive. Every decision should move you closer to telling a cleaner, sharper story at trial.
At The Hamilton Law Firm, we believe that disciplined, deliberate trial prep makes all the difference. Whether you're interested in co-counseling or simply seeking a second set of eyes on a case headed to trial, our door is always open.