Free Civil Litigation Tool
Settlement vs. Trial Calculator
Should you accept the offer or take your chances at trial? This tool weighs a settlement offer against the expected value of a trial, using your claim value, realistic chances of success, and cost to get there.
⚖️ Your Details
A realistic, honest estimate — ideally with your lawyer’s input.
Leave blank to just see the expected trial value.
Your Estimate
Enter your details on the left to see your estimate. This tool gives a general estimate only — not legal or financial advice.
Disclaimer: This calculator uses a simplified expected-value model and is not legal or financial advice. It does not account for the risk of paying the other side’s costs, delay, collectability, or the stress of litigation. A single trial outcome can differ dramatically from an expected value. Discuss any settlement decision with your lawyer.
Frequently Asked Questions
How do I decide between settling and going to trial?
A useful starting point is expected value — your chance of success multiplied by what you would win, minus your cost to get to trial — compared against the offer on the table. But the decision also involves the risk of a bad outcome, potential adverse costs, delay, and stress, which usually tilt sensible parties toward reasonable settlement.
What is expected value in litigation?
Expected value is a way of accounting for uncertainty: it weighs the amount you could win by the probability of winning, then subtracts your cost to get there. It is a decision-making aid, not a prediction — an individual case resolves at a single outcome, not the average.
What is the risk of going to trial?
Beyond losing the claim itself, an unsuccessful party in the Superior Court can be ordered to pay a portion of the other side’s legal costs. That downside, plus the time, expense, and uncertainty of a trial, is why the great majority of civil cases settle.
Should I reject a settlement that is below my expected value?
Not necessarily. Expected value ignores your appetite for risk. A guaranteed, somewhat lower settlement is often worth more than a higher but uncertain trial result — especially when the downside includes adverse costs. This is a judgment call best made with legal advice.
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