How We Determine a Realistic Settlement | Calkins Law Firm

How We Determine a Realistic Settlement

December 17, 2020

At Calkins Law Firm, our client’s best interest is always top of mind. This is especially true when it comes to determining a fair and realistic settlement. We research claims and draft demand letters with this express purpose in view. 

In fact, before we even agree to pursue a claim on a client’s behalf, we generally have a good sense of what their claim is "worth." That sum always takes into account the risks that stand between our client and a favorable judgment.

Settle or File?

Regardless of when a client decides to settle, they will always save some time and trouble associated with seeing a trial through. That naturally reduces the amount they can realistically expect from a settlement. On the flipside, the further things develop, the more a client can expect to see.

Sometimes a client’s risks outweigh possible benefits and it makes good sense to accept a settlement before ever filing or preparing a case. Even if the amount of the settlement is far less than they could recover on an eventual court decision, the risks may carry more weight and make it worthwhile. At this stage we might recommend that our client accept 20-30% of their projected judgment.

On the other hand, if we can’t make a swift and mutually beneficial settlement, we proceed to prepare the case and file it in court. At this point, our experience tells us that a settlement is unlikely until more evidence has been uncovered. The amount we will typically expect to see in settlement – having filed and worked up the case – is often closer to 50% of the client’s projected judgment. And if the case looks particularly strong, they could expect far more. 

From File to Trial

Once a case has gone to trial, our client can expect an even higher sum if settlement is on the table. Our continued investment on their behalf builds our client’s case and reduces their risk. With a strong claim and case, a settlement will typically come at a far greater cost to the adverse party – they should expect to pay a high sum. It then becomes a matter of paying a lot now, or even more later. Either way, our client benefits.

Of course claims vary and what makes sense for one client might not be the best option for another – the facts of each situation will be key. The team at Calkins Law Firm is happy to represent clients and offer advice, always remembering that any settlement decision ultimately lies with our client.

Rely On Experience

At Calkins Law Firm we know that a trial can take its toll. So be assured that we’re ready to help you resolve things in the best way possible, with a fair and realistic settlement as the ultimate goal. If you find yourself in need of honest and reliable legal advice reach out to us today. During the upset that litigation can bring, our expertise can keep you steady. We look forward to serving you.

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