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Litigation glossary

Expected Value of a Lawsuit

The probability-weighted average of every outcome a case can reach, minus the cost of getting there.

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Expected value turns a messy set of maybes into a single comparable number. Instead of asking whether you will win, you ask what a case is worth on average if you could run it many times: each possible outcome is weighted by how likely you believe it to be, and the weighted results are summed. A one-in-three shot at a large verdict and a two-in-three chance of a defense win are not a coin flip; expected value forces you to say, in numbers, how good or bad the bet actually is.

The inputs are estimates, not facts. The probabilities are judgment calls, the recovery figure depends on a damages theory, and the cost side keeps growing as the case moves toward trial. That fragility is the point: expected value is a lens for comparing choices under uncertainty, not a forecast of what will happen. Small changes in the win probability or the damages number can flip which decision looks better, which is exactly why the estimate should be stress-tested rather than trusted.

Juricratic treats expected value as an output of a modeled matter rather than a guess typed into a spreadsheet. The case becomes a game with dials for the contested facts, and seeded simulations report a distribution of outcomes instead of a single headline figure. That keeps the analysis honest about what is assumed and lets you watch the number move as the assumptions move.

EV = P(win) x recovery - P(lose) x cost - litigation_cost

In litigation

How it actually shows up

Lawyers use expected value to decide whether to file, whether to settle, and where a settlement number should land. Compared against the cost of continued litigation and the best settlement on the table, it tells you whether pressing forward is a positive-value bet or a negative one. Because the inputs are contestable, the disciplined move is to run the number across a plausible range and see whether the recommendation is stable or knife-edge.

Questions
How do you calculate the expected value of a lawsuit?
Multiply each possible outcome by the probability you assign it, sum those weighted values, then subtract the cost of getting there. A simple version is P(win) times the recovery minus P(lose) times your cost, with litigation expenses netted out. The probabilities are estimates, so treat the result as a comparison tool, not a forecast.
Is expected value the same as a win probability?
No. A win probability is one input; expected value combines that probability with the size of each outcome and the cost of reaching it. A high-probability win worth very little can have a lower expected value than a long-shot claim worth a great deal. Never present expected value as the chance of winning.
Why does the expected value of my case keep changing?
Because its inputs change. New evidence shifts your probability estimates, a revised damages theory changes the recovery figure, and litigation costs rise as trial approaches. Expected value is meant to move as the matter moves; a number that never updates is usually a number that stopped reflecting the case.

This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.

Turn the concept into a modeled matter.

Juricratic makes every one of these ideas a live dial: model your case as a solvable game, then watch the optimal line and the settlement window move as the assumptions do.

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simulation, not prediction — not legal advice