In probability theory and statistics, the base rate refers to average rates in a given population of events. In lawsuits, the base rate of cases that settle before a jury verdict is roughly 95%. We can also inquire about the base rate of settlements and verdicts in different types of cases and in specific jurisdictions. For example, 44% of premises liability cases in New York settle before a verdict. Of those with a verdict, plaintiffs prevail 38% and defendants 62% of the time. 
Win Before Trial prepares base rate reports for settlement/win/loss on all types of cases in all 50 states.

Knowing the base rates for your particular case helps you:

• Explain to your client the chances of success for a generic case like this one.
• Adjust your own estimate of success probability for this case based on whether you believe it is better or worse than average.
• Use the base rate in settlement negotiations to ask your adversary (or get the mediator to ask) why this case is better (worse) than the average case of this type.
• Develop a specific analysis of your case to show why it is better, worse, or about the same as the base rate.
• Decide whether to represent the plaintiff on a contingent fee basis.
• Develop advice for a defendant about whether to pursue settlement early or continue with litigation.

Win Before Trial's Verdict & Settlement Reports give you not only the base rates for your specific type of case in your jurisdiction and across the country; but they also include sample jury instructions and other valuable information you can use for the purposes listed above, to prepare pleadings, and to develop case strategy.

Verdict & Settlement Reports are available for a nominal fee of $25 when you subscribe to The Mediator's Assistant or any of our other software tools. Prepared separately, the fee is $75.

​Click here for a sample report.
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