When assessing cases, both Plaintiffs and Defendants need to evaluate risk.
What are the chances of success and more importantly; what does success look like?
For an insurer Defendant, the ideal successful case will involve a quick and quiet dismissal of the action; with or without costs. The case is closed and the insurer does not have to pay.
For an injured Plaintiff, success can mean a lot of things. It can mean a finding of liability against a Defendant which signals to the Plaintiff that s/he was right. It can mean a declaration that the Plaintiff is disabled or entitled to benefits which also validates a Plaintiff.
But for most personal injury lawyers and insurance companies, what they really look at is the worth of the case on the best day scenario for a Plaintiff (or worst day for the Defendant).
Now these estimates can vary depending on the lens through which the case is assessed. But it’s equally important for Defendant insurers to have an honest assessment of their potential exposure on a case so that they can underwrite it properly. Just as it’s important for a Plaintiff to understand their best day, or worst day so that they can best assess their risk every step of the way in the litigation process.