Litigation Strategy and Case Evaluation
Case Assessment
Case evaluation assesses each component that determines outcome: the strength of liability evidence, the realistic damages range, available defenses, the venue's verdict history, and the cost of defending through trial.
It produces a valuation range and a recommended strategy, and it is revisited as discovery develops the record.
Alternative Names:
Case Assessment, Merits Evaluation
Why it Matters?
Evaluation is the deliverable insurers and corporate clients actually buy, and its timeliness determines whether the carrier can respond to a demand before exposure crystallizes. Written evaluations also become evidence in bad faith litigation, so they should state the basis for each conclusion rather than offering bare conclusions. An evaluation that never commits to a number is of little use to the person who must set authority.
Frequently Confused with
Related terms
Frequently asked questions
When should a case first be evaluated?
Are written evaluations discoverable?
