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Settlement vs Trial Calculator

Should I go to trial?

When negotiation with the insurance company doesn’t get to the right number, the question is whether a trial could put more money in your pocket. This calculator runs the same math that we walk through with our clients — the current offer compared against the verdict needed at trial to beat it, accounting for increased costs and attorney fees that come with taking a case through trial. This tool is often used by mediators across the state.

This keeps things simple, just the numbers, plain and simple. It does not take into account evidence, strategy, and how a specific insurer behaves in Oregon. Run your numbers, then talk it through with us about all the factors to consider.

Earlier in the process? Our On Your Own vs Attorney calculator runs the math on handling a claim yourself versus bringing in representation.

Gold dotted and solid lines indicating a route or trail through a mountain.

Trial vs. Settlement Calculator

This tool can be used to help you determine whether to settle a case versus taking it to trial. It helps you compare the current offer to what you would have to get at trial to beat that offer given increased costs and attorney fee percentage at trial.

Step 1. Total Settlement Offer ($)

What is the total settlement amount (the amount offered or the amount you hope to get in settlement)?

$
Step 2. Attorney Fees Percentage

Attorney fee percentage if case settles (standard is 33%)

%

Attorney fee percentage if case goes to trial (standard is 40%)

%
Step 3. Costs

Current costs to date

$

Estimated additional costs at trial (costs generally increase significantly at trial and can be anywhere from $15,000 to $50,000)

$
Step 4. PIP (Personal Injury Protection)

Does PIP (medical paid by your auto insurance) need to be paid back out of settlement? If so, list amount (otherwise leave as $0)

$
Step 5. Health Insurance

Does health insurance need to be paid back? If so, list amount (otherwise leave as $0)

$
Step 6. Other Costs

Are there any additional costs to date that need to come out of settlement (mediator fees, other liens, loans)?

$
calculate
Settlement Calculations: Settlement VS Trial

Based on the information you provided here is your customized summary:

Amount of Settlement:

$100,000

Net to client at settlement:

$63,167

Based on the increased costs and attorney fees at trial:

Verdict required to achieve same amount of settlement:

$131,945

Net to client at trial:

$63,167

This means, based on the information provided, you would need to beat the verdict amount at trial to do better than the current amount of settlement listed.