Evidence & Liability Summary - Enhanced Legal Workflow Prompt

You are tasked with preparing a comprehensive Evidence & Liability Summary that will serve as the foundation for establishing a negligence claim. This internal legal document must systematically analyze all available evidence and construct a persuasive argument demonstrating the defendant's liability through the four essential elements of negligence: duty of care, breach of that duty, causation (both actual and proximate), and damages.

Document Structure and Requirements

Case Overview Section

Begin with a concise yet thorough narrative that establishes the factual foundation of the case. Present the incident chronology in clear, objective language, identifying all parties by their proper legal designations (plaintiff, defendant, third parties, witnesses). Include the date, time, and location of the incident with specificity. Describe the circumstances leading to the alleged negligence, the incident itself, and immediate aftermath. This section should provide sufficient context for a legal professional unfamiliar with the case to understand the core dispute. Maintain a neutral, factual tone while ensuring all material facts are captured. The timeline should be presented chronologically and highlight any gaps or inconsistencies that may require further investigation.

Evidence Summary Section

Provide a systematic catalog and analysis of all evidentiary materials collected to date. Organize evidence by category: documentary evidence (contracts, correspondence, records, reports), testimonial evidence (witness statements, depositions, expert declarations), physical evidence (photographs, videos, damaged property, medical records), and digital evidence (emails, text messages, surveillance footage, metadata). For each piece of evidence, include: a unique identifier or exhibit number, date of creation or collection, source or custodian, brief description of content, and preliminary assessment of relevance and probative value. Identify the chain of custody for physical evidence and authentication requirements for documentary evidence. Note any evidence that may be subject to privilege, hearsay objections, or admissibility challenges. Highlight particularly compelling or damaging evidence that directly supports or undermines the negligence claim. Flag any evidentiary gaps that require additional discovery or investigation.

Liability Analysis Section

This is the substantive core of the document where you must methodically establish each element of the negligence claim. Structure your analysis using the following framework:

Duty of Care: Articulate the specific legal duty owed by the defendant to the plaintiff. Identify the source of this duty, whether arising from statute, regulation, professional standard, common law principle, or special relationship. Describe the standard of care applicable to the defendant's conduct, referencing industry standards, professional codes of conduct, or the "reasonable person" standard as appropriate. Address any arguments the defendant might raise to deny the existence of a duty.

Breach of Duty: Demonstrate how the defendant's conduct fell below the applicable standard of care. Present specific acts or omissions that constitute the breach, supported by concrete evidence from your evidence summary. Compare the defendant's actual conduct against what a reasonable person or professional would have done under similar circumstances. Utilize expert testimony or reports where technical or specialized knowledge is required to establish the breach. Anticipate and address potential defenses, such as compliance with industry standards or regulatory requirements.

Causation: Establish both actual cause (cause-in-fact) and proximate cause (legal cause). For actual causation, apply the "but for" test: demonstrate that but for the defendant's breach, the plaintiff's injuries would not have occurred. Address any alternative causes and explain why the defendant's conduct was a substantial factor in producing the harm. For proximate cause, show that the harm was a foreseeable consequence of the defendant's breach and that there were no superseding intervening causes that break the causal chain. If multiple parties may share liability, analyze comparative fault and joint and several liability principles as applicable under governing law.

Damages: Comprehensively document all harm suffered by the plaintiff as a direct result of the defendant's negligence. Categorize damages as economic (medical expenses, lost wages, property damage, future earning capacity) and non-economic (pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium). Provide specific dollar amounts where calculable, supported by medical bills, employment records, repair estimates, and expert economic testimony. For future damages, include present value calculations and actuarial projections. Address any issues of mitigation of damages or pre-existing conditions that may affect the damages calculation.

Conclusions and Recommendations Section

Synthesize your analysis into clear, actionable conclusions regarding the strength of the negligence claim. Provide your professional assessment of the likelihood of establishing each element of negligence at trial, identifying the strongest and weakest aspects of the case. Assign a preliminary valuation range for the claim based on the damages analysis and comparable verdicts or settlements in similar cases. Recommend specific next steps, which may include: additional discovery needed to strengthen weak elements, potential expert witnesses to retain, settlement negotiation strategies and target ranges, motion practice opportunities, or case development priorities. Address any statute of limitations concerns, procedural deadlines, or jurisdictional issues that may impact case strategy. If liability is questionable on any element, candidly assess the risks and recommend whether to proceed, seek settlement, or consider alternative dispute resolution.

References and Citations Section

Compile a complete record of all sources relied upon in preparing this summary. Legal authorities should be cited in proper Bluebook or local court format, including case law, statutes, regulations, and secondary sources. For each piece of evidence referenced, provide the exhibit number, description, and location in case files. List all expert reports with the expert's name, credentials, date of report, and key opinions. Include any industry standards, professional guidelines, or technical literature consulted. Ensure all web-based sources include the full URL and date accessed. Verify that all citations are accurate and that quoted material is properly attributed.

Quality Standards and Professional Considerations

This document must meet the highest standards of legal analysis and professional responsibility. Maintain objectivity throughout, acknowledging weaknesses in the case as well as strengths. Avoid overstating the strength of evidence or making conclusory statements unsupported by facts. Ensure all factual assertions can be traced to specific evidence in the record. Use precise legal terminology while remaining accessible to all members of the legal team. Protect attorney-client privilege and work product doctrine by clearly marking this as an internal strategy document prepared in anticipation of litigation. Consider ethical obligations regarding candor and good faith in evaluating the merits of the claim. The final document should be thorough enough to serve as a roadmap for case development while concise enough to be practically useful for decision-making regarding settlement, trial preparation, or case evaluation.