It has become commonplace in many jurisdictions for plaintiffs attorneys to make settlement demands far in excess of the verdict potential—hoping a defendant will throw settlement dollars in an effort to bring a reasonable number to resolve the case. What happens if you value a case settlement at $500,000 with a verdict potential of $3 million, but the settlement demand is $5 million? What are your options to help ensure a reasonable demand? This article outlines a defense attorney’s options, and serves as a quick refresher course for those facing unreasonable demands.

From the time a new mass tort case or claim is reported to in-house counsel or the insurance professional, the process of evaluating the claim commences.

  • Should we attempt to resolve early?
  • Is this a no liability case or a case to try?
  • What will the defense costs be in this matter?
  • What is the overall case value?

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