Claims and litigation are a perhaps unfortunate fact of life for any large organization. Aside from exposure to the claim itself, the legal bills to manage it can quickly mount up. The questions in any case are very difficult to answer: Should you settle the case, or go to trial? If settlement, for how much? Should you consider discovery and trial costs in determining settlement value? What are the key risks, and where should you focus expensive legal resources?
Counsel’s experience and judgment are your most valuable resources in managing litigation risk. We work closely with risk managers and counsel to make the best use of their wealth of experience, and to help them develop a better intuitive understanding of how to manage and resolve the case.
We do this by using the tools of decision analysis to quantify counsels’ judgment, and to show the implications of how complex uncertainties drive case value. The results are both an improved legal understanding of how to manage the case, and a business understanding of the dollar implications of alternative strategies.
We’ve used this process in dozens of cases, including cases where the potential liabilities were in the billions of dollars. We’ve also used the results to set reserves at insurance companies to cover the potential exposure in insured cases. For captive insurers self-insuring losses, the superior results from this process have enable reduced premiums, and sometimes even premium holidays.
We invite you to see for yourself the difference this process can make in managing litigation risk and setting case strategy. It all starts with the first case.