What’s Your Case Worth?
Improving Decision-Making and Risk Assessment
Improving Decision-Making and Risk Assessment
The decision to take a case to trial involves a calculation of past outcomes, risks, rewards, and how a jury will view your unique case… if you don’t properly assess and evaluate these variables then you’re not ready for trial. Moreover, failing to properly assess and evaluate these variables is likely to result in leaving money on the table during settlement discussions and proceedings.
Application of Trial Analytics Case Assessment
While Trial Analytics views our primary purpose as an assessment of a case’s likely value for settlement and at trial, clients may tailor our analytics for specific purposes in addition to case valuation:
Early case assessment and possible exposure limits
Discovery vulnerabilities
Case valuation prior to mediation or settlement discussion
Mediators provide a 3rd party unbiased case analysis and valuation
Assessment of vulnerabilities at trial
Valuation of trial strategies, e.g. mea culpa, blame the plaintiff, multiple defendants, plaintiff damages overreach, etc….
Empirical juror feedback from online or in-person mock trials
Development of juror profile for jury selection
Witness Credibility Assessment
How does it work:
STAGE 1
Clear Conflicts. Email us at intake@trialaward.com and include the venue, case style, client information, representing attorney, opposing party, opposing counsel. We do not work both sides of a case and will inform you if we have a conflict.
STAGE 2
You will receive an email confirming we are clear of any conflict. The email will also include pricing options (standard case valuation or case discussion before and after case valuation—suggested for complicated cases). Please select the pricing option and complete payment.
STAGE 3
You will receive an email containing a brief intake sheet. Please have staff return the intake sheet with requisite information. Analysts may request additional information as case factors align with internal case database. Should a call prove more expeditious, we are happy to hold a 15m intake call.
STAGE 4
You will receive a Trial Analytics Case Assessment generally within a week. We welcome and encourage follow-up discussions should counsel desire.
Trial Analytics
Trial Analytics blends the science and statistics of past verdicts with the human element that is outcome determinative at trial—jury decision-making—to improve clients’ assessment and evaluation of litigation risks and determine a case’s likely value. Better data, and better analysis leads to better informed decisions about settlements, whether to take a case to trial, and what potential weaknesses to address when preparing for trial.
Developed by Ph.D. level litigation experts with a combined experience of 60+ years in more than ten thousand jury trials, Trial Analytics, LLC was developed as an improvement to the current process of valuing and assessing cases headed to trial or mediation. Throughout our careers, we witnessed hundreds of millions of dollars lost because legal professionals repeatedly grossly miscalculated the value of cases, causing both parties to pay significant legal fees at trial, and only learned the egregious error of their miscalculations through adverse jury verdicts. Many of these legal professionals relied on the averages of past cases within a similar venue, but failed to account for the human element—psychology and decision-making of jurors—when considering the value of their case. Trial Analytics seeks to more accurately assess the value of a case by accounting for human factors in the valuation of a case, thereby improving a client’s assessment and evaluation of litigation risks.
The Past: 1 case + 1 Jury ≠ Average of Past Verdicts
The current approach to case valuation relies on an attorney, mediator, or claims adjuster who reviews past verdicts and past settlements to guesstimate the future value of a case. Unfortunately, the number of past verdict or settlement data correlating to specific case factors is often very low, leading legal professionals to average verdicts, thereby obtaining a misleading damages figure. However, the past does not define the future; by relying on past verdicts and settlements, legal professionals fail to consider the unique human element and how the unique human element factors may differentiate prior cases from current cases to shift the value of a case. While mock trials or moot courts may be performed to assist gauging the value of a case, these research tactics are typically only utilized far down the path of litigation after significant sums have been spent preparing the case for trial. Trial Analytics hopes to decrease the significant costs of litigation by offering clients a more insightful and informative approach to assessing and evaluating the value of a case.
The Future: The Human Element
Our experience in prior cases has shown time and time again that legal professionals have difficulty evaluating how a jury may view unique case facts, which is the most critical component of case valuation. We apply our prior data and case experience over a combined 60+ years in tens of thousands of cases with the unique qualities of a specific case to generate an algorithm that leverages the human decision-making element and offers a more informed assessment and case valuation.
Trial Analytics uses a proprietary algorithm to assess a case’s likely value at trial. To obtain a case valuation our proprietary algorithm involves a dynamic three stage approach to case valuation: trial verdicts/settlements, jury consulting data (consisting of past trial outcomes, mock trial outcomes, shadow juries, and post-juror interviews) and an analysis of human element case factors, which are all combined in the algorithm to estimate the likelihood of prevailing on liability and the likely range of damages. In addition to case valuation, should clients wish to obtain early empirical assessment of case factors, Trial Analytics also conducts virtual or in-person mock trials.
Trial Analytics Case Assessment
Trial Analytics seeks to create a turn-key approach for clients to value their cases and improve their risk assessment; as such our basic case assessment begins at $3,500.00 and increases depending upon the discussion time prior to and/or following our analyses. Our analysis may also be tailored to address specific client concerns or trial strategies that may impact a case’s value at trial. Before we begin a project, we will provide you with an estimate of the likely cost of our services. Reports are generally provided within a week of our initial intake and expedited case assessments are possible for an additional fee. Clients may request additional strategic analysis such as a juror profile for jury selection, witness evaluations, and voir dire preparation.
Don’t Leave Money on the Board.
Assess Your Case’s Value Today.
