How to Calculate Settlement vs Trial
Weigh a certain offer against the expected value, cost and delay of going to trial.
How this number is built
Calculating it yourself
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.
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.
Searches this page answers
| Related search | Goes to |
|---|---|
| settlement vs trial | Settlement vs Trial Calculator |
| 18 usc 371 | Settlement vs Trial Calculator |
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