• the outcome of a factual inquiry undertaken through discovery
• the nature and complexity of the issues to be resolved by the fact-finder
• the credibility of potential witnesses
• the possibility of an effective counterclaim
• unresolved issues of statutory interpretation
• the instructions to be given by the judge to the jury
  

The size of the judgment may be influenced by many of the same issues. The value of the judgment from the plaintiff's perspective and its cost to the defendant will also be affected by:

• the defendant's financial capacity
• whether the defendant will appeal
• the decision on appeal and, possibly, on remand
• the amount of time that will elapse before payment of the judgment
• the future costs of litigation, including legal fees and internal costs

TreeAge Pro can be used to evaluate litigation at the very outset of the case. TreeAge Pro provides the necessary structure for analyzing the principal uncertainties - liability and damages - in a model built upon the underlying issues. Indeed, once counsel has done the legal and factual analysis needed to file a complaint or answer in a given case, it is feasible to use TreeAge Pro to develop an insightful course of action.

TreeAge Pro can be enormously helpful in allocating resources before trial. Discovery and research, though capable of reducing uncertainties, can be costly. TreeAge Pro helps the lawyer assess the impact on case value of reducing these uncertainties. Sometimes, however, even an increase in value does not necessarily result in a net benefit to the litigant, because the cost of reducing uncertainty can turn out to be greater than the resulting value enhancement. In such cases, TreeAge Pro effectively demonstrates the cost-effectiveness of foregoing the additional research or discovery, thereby saving the client time and money.

Learn more about how TreeAge Pro can help your organization evaluate litigation risks. >