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NorthwestConstruction &Insurance Law
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Claims & decisions

Settlement or trial?

Kelly McCann1:32

How potential outcomes, costs, and risks inform advice about settlement and trial, with the decision remaining with the client.

Transcript

So, number one, it's always our clients... decision whether or not to settle or go to trial. It's always their decision. We don't decide whether or not to go to trial, they do. Generally, how we go about advising them whether or not they should go to trial or not, is a purely expected value decision.

So, and what I mean by that is, if we go to trial and win, and we've had a lot of success at trials and we've had a lot of success, at winning at trials, are they going to be economically better off, um, than if they don't do that? And, and so we, what we do is we walk our clients through, uh, usually it's kind of like a spreadsheet, but talk about different possible outcomes from a trial, including the appellate risks and the risk of adverse rulings at trial, and the benefits of good rulings at a trial, and really walk them through it, and then, uh, you know, let our clients decide what, basically, the math dictates. Does it make sense to do it or does it not make sense? And, you know, because, you know, frankly, not every claim makes sense to go to trial.

But a lot of them do, and, we’re happy to go to trial, and we've had a lot of success at trial. especially in these construction, uh, kind of cases and insurance cases. So it's always a client's decision, but we're always there to help advise them so they can understand mathematically whether or not it's a good decision or not for them.

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