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Calculator · Legal & Injury

Settlement vs Trial Calculator

Weigh a certain offer against the expected value, cost and delay of going to trial.

Read the how-to
The formula

How this number is built

EV = P(win) × net verdict − P(lose) × trial costs, discounted for time to trial
Step by step

Doing it by hand

Step 1

Write down the current offer net of fees, not the headline figure.

Step 2

Estimate a realistic verdict range from comparable local results, not the highest one you have heard of.

Step 3

Assign an honest win probability — most attorneys will give a range if asked directly.

Step 4

Add the incremental cost of taking the case through trial.

Step 5

Discount the result for however long trial will actually take to arrive.

Questions

What people ask next

Why discount for time?

Money received in two years is worth less than money today, and the delay carries its own risk of the defendant's finances changing.

What win probability is realistic?

Outcomes vary enormously by venue and case type. The honest answer is usually a range, and the range is what belongs in this model.

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