Knowing Which Cases To Settle

Most Cases Will Settle Knowing Which Ones Shouldn’t Is The Key

I tell every client the same thing from day one, most cases settle before ever facing a jury, my job is to figure out which cases shouldn’t settle.

I run a personal injury firm and most of what we take resolves without a trial, most of the time that resolution is in everyone's best interest. The lawyers who get real results know early on which side of the line a case is on, and they’re willing to try the ones that need it.

Here’s how I make the call.

Price the floor before the ceiling.

Evaluating a case for the worst is a strategy that’s helped me and my client remain grounded, the floor price could tank if the jury buys the defense’s story, if there’s a comparative fault argument, a gap in treatment, or a client who looks bad on video: if the offer is at the floor or slightly above and the trial buys months of stress for little upside, taking it isn’t quitting, the client can’t be expected to make that calculation on their own.

Keep your ego out of the client’s case.

Going for a big verdict is great for your firm’s marketing, but it’s not always great for the person whose name is on the suit. Some clients need money fast due to being out of work, others need to be believed in the courtroom, they want someone held accountable. My job is to find out which and plan around it, not chase whatever result looks best on my website.

Transparency of overall costs.

It’s not a secret that trials are expensive, for the firm who’s fronting every dollar for the client who’s in a bind. All the expenses stack up quickly, sourcing experts, depositions, treatment. I won’t take a case to trial unless the expected value to the client, after costs actually makes them whole. If it doesn’t, calling for trial is morally incorrect.

Attack your own case first.

In war there’s a strategy that requires you to attack your own defenses to really understand what they’re capable of. My team spends an hour arguing the other side out loud, exposing any holes in our defense, we play out every possible scenario, if we can’t beat it with no jury watching there’s no way we’re beating it in front of twelve people.

The call is the client’s.

No matter how strong my read is, the decision to settle or try is my clients to make and no one else. My job is to make sure their decision is an informed one, I give them the whole roadmap, the timeline, my recommendations and they decide how they want to proceed.

Why discipline matters.

If you always settle you become predictable and predictable lawyers leave money on the table for every client. The most important skill to have is the discipline to see both sides of the case, settle what should settle and try what should go to court. It’s that simple but the simplicity comes from years of standing in front of juries, losing, winning, and paying attention to every lesson in front of you.

Always settle, and you get predictable — and predictable plaintiff’s lawyers leave money on the table for every client they’ll ever have. Always swing for trial, and you get reckless — and reckless lawyers eventually hand a good client a bad verdict and a long appeal. The skill is holding both at once. Settle what should settle. Try what should be tried. Know the difference before the other side figures out what kind of lawyer you are.

You don’t get that from a formula or a settlement calculator. You get it from standing in front of juries, losing a few, winning more, and paying attention every time. The lawyers who build it serve clients better — and, not by accident, get better offers without asking.