What Is Your
Case Worth?
Trial Analytics
Trial Analytics blends the science and statistics of past verdicts with the human element that is outcome determinative at trial—jury decision-making—to improve clients’ assessment and evaluation of litigation risks and determine a case’s likely value. Better data, and better analysis leads to better informed decisions about settlements, whether to take a case to trial, and what potential weaknesses to address when preparing for trial.
Developed by Ph.D. level litigation experts with a combined experience of 60+ years in more than ten thousand jury trials, Trial Analytics, LLC was developed as an improvement to the current process of valuing and assessing cases headed to trial or mediation. Throughout our careers, we witnessed hundreds of millions of dollars lost and/or wasted because legal professionals repeatedly grossly miscalculated the value of cases, causing both parties to pay significant legal fees at trial, and only learned the egregious error of their miscalculations through adverse jury verdicts. Many of these legal professionals relied on the averages of past cases within a similar venue, but failed to account for the human element—psychology and decision-making of jurors—when considering the value of their case. Trial Analytics seeks to more accurately assess the value of a case by accounting for human factors in the valuation of a case, thereby improving a client’s assessment and evaluation of litigation risks.
The Past: 1 case + 1 Jury ≠ Average of Past Verdicts
The current approach to case valuation relies on an attorney, mediator, or claims adjuster who reviews past verdicts and past settlements to guesstimate the future value of a case. Unfortunately, the number of past verdict or settlement data correlating to specific case factors is often very low, leading legal professionals to average verdicts, thereby obtaining a misleading damages figure. However, the past does not define the future; by relying on past verdicts and settlements, legal professionals fail to consider the unique human element and how the unique human element factors may differentiate prior cases from current cases to shift the value of a case. While mock trials or moot courts may be performed to assist gauging the value of a case, these research tactics are typically only utilized far down the path of litigation after significant sums have been spent preparing the case for trial. Trial Analytics hopes to decrease the significant costs of litigation by offering clients a more insightful and informative approach to assessing and evaluating the value of a case.
The Future: The Human Element
Our experience in prior cases has shown time and time again that legal professionals have difficulty evaluating how a jury may view unique case facts, which is the most critical component of case valuation. We apply our prior data and case experience over a combined 60+ years in tens of thousands of cases with the unique qualities of a specific case to generate an algorithm that leverages the human decision-making element and offers a more informed assessment and case valuation.
Trial Analytics uses a proprietary algorithm to assess a case’s likely value at trial. To obtain a case valuation our proprietary algorithm involves a dynamic three stage approach to case valuation:
Trial verdicts/settlements
Jury consulting data (consisting of past trial outcome, mock trial outcomes, shadow juries, post-juror interviews)
Analysis of human element case factors
These are all combined in the algorithm to estimate the likelihood of prevailing on liability and the likely range of damages. In addition to case valuation, should clients wish to obtain early empirical assessment of case factors, Trial Analytics also conducts virtual or in-person mock trials.
