Why is my Georgia case’s settlement value different from its potential trial value?

· 2 min read

A settlement figure and a trial figure measure two different things. The trial value is what a jury might award if everything goes well; the settlement value discounts that number for the real chance things will not. The gap between them reflects risk, time, and cost, all of which a settlement removes and a trial does not.

Risk is the main driver of the gap

A trial is uncertain. Even a strong case can produce a low verdict, and a weak defense can sometimes persuade a jury. Both sides discount their estimates by the probability of losing or winning less than hoped. Several Georgia-specific risks pull a settlement below the optimistic trial number:

  • Comparative fault. Under O.C.G.A. § 51-12-33, a jury can assign the injured person a share of the blame, cutting the award proportionally and erasing it entirely at 50% or more. The threat of that finding lowers settlement value.
  • Damages disputes. A jury may credit less of the claimed medical treatment or value pain and suffering more conservatively than the claimant hopes.
  • Witness and credibility unknowns. How testimony lands in front of a jury cannot be guaranteed.

Because a settlement locks in a certain payment, it trades the chance of a larger verdict for the elimination of the chance of a much smaller one or nothing at all.

Time and cost also shrink the number

A trial can take a long time to reach and resolve, especially after appeals. Money received later is worth less than money received now, and the expenses of litigation, including expert witnesses and trial preparation, grow as a case proceeds. A settlement avoids those costs and delivers funds sooner, which both sides factor into the discount.

There is also a collectibility limit. A jury can return a verdict larger than the defendant’s insurance and assets, but a settlement is usually structured around what can actually be paid. That ceiling can make the practical settlement value lower than a theoretical trial verdict.

The bottom line

Trial value describes the best-case outcome; settlement value is that number adjusted for the odds of losing, the delay before payment, the cost of getting there, and what the defendant can actually pay. The difference is the price of certainty, and whether it favors settling or trying a case depends entirely on the specific facts and risks involved.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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