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Glossary
Case assessment, exposure analysis, litigation planning, and the decision frameworks defense teams use to value and steer complex matters.
56
Terms
litigation-strategy-and-case-evaluation
Adverse development is an increase in a claim's estimated cost above the amount previously reserved.
Aggregate exposure management assesses and controls total liability across related claims.
An aggressive defense posture contests claims vigorously to deter filings and establish credibility.
A case chronology is an organized, dated sequence of case events linked to source documents, forming the foundation of factual analysis.
Case evaluation is the structured analysis of liability, damages, defenses, venue, and cost used to value a case and set litigation strategy.
Case merits analysis evaluates the strength of liability and defenses independent of damages exposure.
A case roundtable convenes stakeholders to evaluate a matter and set reserves, authority, and strategy.
Case scoring applies defined criteria to produce a comparable rating across matters in a portfolio.
A case theme is the organizing narrative that makes the defense position coherent and memorable.
Case triage sorts incoming matters by exposure and complexity to direct appropriate resources.
Case value drivers are the factors most influencing a claim's settlement or verdict value.
Causation assessment evaluates whether the evidence establishes the causal link the claim requires.
Claim validation tests whether the factual allegations supporting a claim withstand investigation.
A community attitude survey samples the jury pool population to assess prevailing views and case knowledge.
Comparative case analysis evaluates a matter against similar resolved cases to inform valuation.
Cost of defense analysis projects the expense of litigating a matter through defined stages.
Damages anchoring research tests how proposed figures influence award decisions.
Damages assessment quantifies the range of recoverable amounts a claim could produce at trial.
Defense cost containment manages litigation expense through staffing, budgeting, and process controls.
Document universe assessment estimates the volume and location of potentially relevant materials.
Downside exposure is the plausible worst outcome a claim could produce, distinct from the expected value.
Early case assessment is the rapid evaluation of a matter's facts, data, and exposure at the outset to scope discovery and inform strategy.
Early resolution strategy pursues settlement before substantial defense costs accumulate.
Exit strategy analysis identifies how and when a matter should be resolved and what conditions would change that.
Exposure analysis estimates a defendant's realistic financial risk in a claim, combining liability probability with the range of potential damages.
A fact development plan maps what must be established and how each fact will be obtained.
A focus group tests specific case elements with participants to gather reactions before trial.
An issue matrix maps claims and defenses against elements, evidence, and the parties bearing each burden.
Juror attitude research identifies beliefs and predispositions predicting how jurors will evaluate a case.
A jury consultant advises on jury selection, themes, witness presentation, and juror research.
Liability assessment is the evaluation of fault and legal responsibility, weighing the evidence on each element and the strength of available defenses.
Liability percentage analysis estimates the fault share a factfinder would assign to each party.
A litigation budget is a projected schedule of defense costs by phase and task, used by clients and insurers to plan and control spend.
Litigation hold strategy defines when preservation obligations attach and how they are implemented and released.
A litigation plan sets the strategy, tasks, budget, and milestones for handling a matter through resolution.
A litigation playbook standardizes handling approaches for recurring claim types.
Litigation portfolio management oversees a book of matters collectively rather than individually.
Litigation strategy is the overall plan for achieving a client's objectives, coordinating discovery, motions, experts, negotiation, and trial posture.
Matter profiling classifies cases by attributes enabling comparison and pattern identification.
A mock trial presents an abbreviated case to surrogate jurors to test themes and predict outcomes.
A nuclear verdict is a jury award, commonly defined as $10 million or more, that substantially exceeds what the case's underlying damages would ordinarily...
Probability-weighted outcome multiplies each possible result by its likelihood to produce an expected value.
Proportional defense calibrates litigation investment to the matter's actual exposure and complexity.
Repeat player analysis examines patterns in how specific plaintiff firms or claimants litigate.
Scorched earth litigation contests every issue to exhaust an opponent's resources rather than to advance the merits.
Settlement value is the estimated amount at which a case should reasonably resolve, informed by liability, damages, venue, and comparable outcomes.
Severity trend is the rate at which average claim costs increase over time.
A shadow jury observes an actual trial and reports reactions, providing real-time feedback.
Social inflation describes the rise in liability claim costs beyond general economic inflation, attributed to litigation funding, jury attitudes, and...
The theory of the case is the coherent account of the facts and law explaining why a party should win, guiding every litigation decision.
A thermonuclear verdict is an award of one hundred million dollars or more.
Trial readiness is the state of being genuinely prepared to try a case rather than only to settle it.
Venue analysis evaluates a forum's jury pool, verdict history, judiciary, and applicable law to inform case valuation and trial strategy.
A verdict range projects the span of likely awards if a case is tried to verdict.
Verdict research examines reported outcomes to inform valuation and venue assessment.
Witness credibility assessment evaluates how a factfinder is likely to receive each witness.
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