Litigation Strategy and Case Evaluation
Case Assessment
The analysis addresses each element of the claim, available defenses, evidentiary support, and the likelihood of surviving dispositive motions. It produces a liability probability distinct from the damages assessment.
Merits and exposure combine into case value.
Alternative Names:
Merits Assessment|Liability Analysis
Why it Matters?
Separating merits from exposure prevents the conflation that produces poor decisions, since a strong liability defense on a high-exposure claim warrants different handling than a weak defense on a modest one. Multiplying liability probability by the damages range produces a expected value that supports authority requests. Documenting the analysis contemporaneously also creates the record justifying decisions that later appear questionable in hindsight.
Frequently Confused with
Related terms
Frequently asked questions
Why separate merits from exposure?
What does the separation enable?
