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Reality today is that only 10% of cases reach juries. 90% of cases either are dismissed or settled. Juries are not computers (at least not new computers) and one jury can find for the defendant and another for the plainitff with the exact same facts and testimony. Today properly handled discovery which includes interrogatories, requests for admission, request for production of documents and depositions sets the environment for the success of a case.
Defendants always seek to have the case dismissed under Motions for Summary Judgement. If the motion is denied then the settlement discussion will begin. In fact courts often seek to have the matters settled so the case does not go to trial. Long and short you need an attorney who can handle discovery and get a good settlement number.
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