The other major factor in valuing a case is the likelihood that the defendant will be found liable at trial. If the plaintiff has little or no evidence proving the defendant was at fault for the plaintiff’s knee injuries, the value of the case goes down considerably.

Even if the potential damages are high, a defendant will be less willing to settle and more inclined to take her chances at trial if the issue of fault is up in the air. Similarly, the plaintiff will be more inclined to accept a low settlement in that situation because he runs the risk of getting nothing at trial.