Strategies for dealing with a lawsuit

Introduction

A lawsuit does not begin in the courtroom, but much earlier. The true difference between winning and losing is often found in prior preparation, in strategy, and in the ability to anticipate the opposing party. Throughout my career, I have learned that there are no magic formulas: each case is unique and requires a tailored plan.

In this article, I share some of the strategies that I consider essential to facing litigation with the highest chances of success.

Prior preparation: the foundation of everything

The first strategy, and perhaps the most decisive, is prior preparation. Before initiating a lawsuit, I carry out a thorough analysis of the case’s viability: available evidence, applicable regulations, relevant case law, and the profile of the opposing party.

This initial assessment not only prevents unnecessary claims, but also allows us to build a solid case from the outset. A well-founded claim signals to both the judge and the opposing side that we are prepared to go to the end, which in many cases facilitates a favorable out-of-court settlement.

The decisive role of expert witnesses

In complex litigation, expert evidence is at the heart of the process. Doctors, engineers, economists, or psychologists provide invaluable support, as they give objective grounding to what is at stake. Without strong expert testimony, the chances of success are significantly reduced.

I have worked with experts whose clarity in presenting their conclusions before the court has been decisive in tipping the scales. But their contribution does not begin in the courtroom: from the early stages of the case, experts help shape the technical narrative that supports our legal strategy.

A procedural strategy tailored to the case

Every lawsuit requires a procedural strategy adapted to its specific circumstances. Litigating against a multinational insurance company is not the same as litigating against an individual, just as claims for medical negligence differ from those arising from serious workplace accidents.

My work consists of anticipating the opposing party’s possible defenses, preparing responses in advance, and always maintaining an alternative plan. This ability to foresee scenarios is what ensures that the case does not rely on improvisation.

Managing expectations

One of the most important responsibilities of a lawyer is managing the client’s expectations. It is not enough to design a strong strategy; one must also be honest about risks, timelines, and possible outcomes.

On many occasions, I have seen how clarity from the outset prevents disappointment later. I prefer a client to understand the challenges of their case from the beginning rather than live under false expectations. Trust is built through realism, not complacency.

Constant communication

Another key element in the strategy is communication with the client. Litigation can last months or even years, and uncertainty generates anxiety. Keeping the client informed at every stage not only brings peace of mind, but also allows them to participate actively in the process.

I have seen that a well-informed client is an ally: they provide documents, highlight relevant details, and reinforce the strategy through their involvement.

Conclusion

Litigating effectively requires prior preparation, qualified expert support, a tailored procedural strategy, honest expectation management, and constant communication. Combined, these elements are what make the difference between improvising and litigating with confidence.

Call to Action

If you are considering initiating a lawsuit or are already facing one, do not proceed without a clear strategy. Contact me and we will design together the most suitable plan for your case, backed by my experience and a specialized team.

Roberto Toro

Roberto Toro

Abogado
Coach
Mentoring