Litigation vs Settlement Calculator — Should You Take the Offer?
Every settlement decision is an expected-value problem: (probability of winning × likely verdict × collectibility) − (litigation costs + contingency fee + emotional cost)versus the cash on the table today. This calculator runs that math using your state's damages caps, comparative-negligence rule, contingency-fee structure, and verified court costs.
At a glance
- The expected value of trial often beats the first offer — but in modified-51% states (TX, FL, IL), shared-fault findings can zero out recovery.
- California medical-malpractice non-economic damages cap is $350,000 in 2026, escalating to $750,000 by 2033 (AB 35).
- Texas caps med-mal non-economic damages at $250,000 per defendant ($500,000 against healthcare institutions) — among the strictest in the U.S.
- New York and Illinois have no statutory cap on non-economic damages — trial upside is materially higher.
- Florida HB 837 (March 2023) flipped the negligence rule from pure-comparative to modified-51% and shortened PI SOL from 4 to 2 years — a major settlement-leverage shift.
Important: This tool provides educational estimates only — not legal advice. Made For Law is not a law firm and is not affiliated with, endorsed by, or connected to any federal, state, county, or local government agency or court system. Calculator results are based on statutory formulas and publicly available fee schedules — not AI. Supporting content is AI-assisted and editorially reviewed. Results may not reflect recent legislative changes or your specific circumstances. Do not rely solely on these estimates — always verify with official sources and consult a licensed attorney before making legal or financial decisions. Full disclaimer
Pick your state to begin
The pilot covers California, Texas, New York, Florida, and Illinois. Additional states roll out as we finish per-state legal verification — no estimates, no scraped numbers.
How the calculator works
Enter your case type (auto, slip-and-fall, med-mal, employment, contract), the settlement offer on the table, and a few liability and damages inputs. The calculator returns an expected-value comparison using state-verified inputs: damages cap, comparative-negligence rule, typical contingency percentage, and an estimate of trial costs (expert fees, deposition costs, court reporter fees).
Win-probability inputs default to published trial-success rates by case type — you can override with your attorney's estimate. The output is a plain-English recommendation: accept the offer, counter, or proceed to trial, with the math shown so you (and your lawyer) can audit it.
Why state matters
A $200,000 med-mal offer in Texas is often a strong settlement — the statutory cap means trial upside is capped at $250K per defendant. The same offer in New York is potentially weak — non-economic damages are uncapped and the median NY PI compensatory verdict is around $287,628. State-specific damages caps, contingency-fee tiers, and negligence rules change the math significantly.
Pilot states only
The calculator currently supports California, Texas, New York, Florida, and Illinois — the five states where we've verified court filing fees, damages caps, and negligence rules. Additional states roll out as verification completes. We don't scrape — every input is sourced to a statute, court rule, or official fee schedule.
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