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Show the defendant its risk.

Publication: Trial
Publication Date: 01-JUN-03
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Cases settle because of risk. There is a direct correlation between the defendant's appreciation of its exposure to risk and the strength of the plaintiff's bargaining position. The defendant must understand the plaintiff's commitment to trying the case, the strengths of the plaintiff's case, and the weaknesses of the defense case. Therefore, you must expose the defendant's risks before you enter into any meaningful settlement discussions.

Although significant injuries create a risk factor, damages alone are not the key to the value...

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