Efficient, cost-effective, timely, predictable: everything you want when you’re in the middle of a lawsuit, and the exact opposite of what traditional litigation provides. Litigation is expensive and unpredictable, a less than ideal combination for a significant investment of time and money. But how much does litigation actually cost? Why is it so unpredictable? And what’s a better alternative for resolving your case?
Litigation is Expensive
It’s no secret that litigation is expensive. In 2013, the National Center for State Courts conducted a survey to break down the costs of litigation. The study found that auto-accident civil cases that go all the way through trial cost $43,000 on average, with more complex cases reaching well into the hundreds of thousands, or even millions.[1]
In 2022, litigation costs are even higher. Going by the U.S. Bureau of Labor Statistics Consumer Price Index Inflation Calculator, $43,000 in 2013 is almost $56,000 in 2022.[2] This means that the numbers cited in the NCSC study have increased by about 30%.
The numbers are high, but there’s good reason why litigation is so expensive. There’s a lot to account for leading up to a trial (think discovery costs, expert fees, filing fees, service fees, attorney’s fees, etc.).
But the tricky thing about litigation is that for all the costs, and the years of work and worry, outcomes are highly unpredictable. Even the best lawyer, at the most reputable law firm is not going to correctly predict case outcomes 100% of the time. In fact, studies have consistently shown that even the most experienced attorneys often do not accurately predict the outcomes of their cases.[3]
Litigation is Risky
A comprehensive study from 2010 demonstrated a shocking statistic, when asked to predict the outcomes of their pending cases, attorneys were only able to accurately predict case outcomes 32% of the time.[4] Even more shocking, of the 337 civil cases studied, case outcomes were less satisfactory than attorneys had originally predicted 44% of the time.[5] Meaning that of all the cases studied, almost half came to an unsatisfactory outcome. A coin flip’s chance.
This unpredictability is understandable, but unnecessary. In litigation, there are so many uncertain factors in play that have nothing to do with the objective strength of a case. The attitudes of judges and jury members on any given day, individual attorney action at trial, and general human fallibility all contribute to the risk you take when you litigate. And this unpredictability can be a terrifying problem when hundreds of thousands of dollars are on the line.
The Solution: Resolutn
There’s no reason to wade through the litigation process when better alternatives exist. There’s no reason to pay an exorbitant amount of money for a shot at an unpredictable outcome. Instead, you can have structured and reliable settlement outcomes for your case at the click of a button.
Resolutn makes settlement simple and predictable for a fraction of the cost of litigation. And the best part: you only pay if your case is settled, meaning there’s no cost to give it a try.
Learn more about how we’re revolutionizing the legal industry on our “Features” tab.
[1] Paula Hannaford-Agor, Measuring the Cost of Civil Litigation, Voir Dire (Spring 2013) chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ncsc.org/__data/assets/pdf_file/0035/27989/measuring-cost-civil-litigation.pdf; Paula Hannaford-Agor & Nicole L. Waters, Estimating the Cost of Civil Litigation, NCSC: Court Statistics Project, 20 Caseload Highlights 1 (Jan 2013) chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.srln.org/system/files/attachments/CSPH_online2.pdf.
[2] U.S. Buerau of Labor Statistics, CPI Inflation Calculator : Jan. 2013 to Aug. 2022, https://www.bls.gov/data/inflation_calculator.htm.
[3] See, Jane Goodman-Delahunty, et.al., Insightful or Wishful: Lawyer’s Ability to Predict Case Outcomes, 16 Psychology, Public Policy, and Law 133 (2010); Elizabeth F. Lotus & Willem A. Wagenaar, Lawyer’s Predictions of Success, 28 Jurimetrics: American Bar Association 437 (1988); Mark K. Osbeck and Michael Gilliland, Outcome Prediction in the Practice of Law, 42 Foresight 1 (2018).
[4] Goodman-Delahunty et.al, supra note 3.
[5] Id.