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Damages: Value your case

Attorneys spend a significant amount of time trying to assess the value of a case, however, they often find insufficient data to formulate a reliable estimate. Furthermore, attorneys want to locate which jurisdiction would provide the best possible outcome for their client. Damages in Litigation Analytics on
Westlaw Precision
 allows attorneys to quickly assess and value litigation as well as inform negotiation tactics.

Use cases for damages

  • Determine cost-benefit analysis of litigation
  • Evaluate potential damage awards
  • Inform settlement negotiation tactics

Accessing damages in litigation analytics

Let’s look at a real-life example using Damages. Imagine you represent a drug company, and the client wants to file suit against a competitor for infringing on its drug patent. The competing company is headquartered in Illinois and incorporated in Delaware. You need to consider:
  • What are the likely damages if the court finds in your client’s favor?
  • What are the typical attorney fees awarded for similar cases?
Begin by selecting the Litigation Analytics tile from the homepage of Westlaw Precision under Key Features. Then select Damages from the tabs. Select your Case type(s) and Jurisdiction(s).
If you want to get more granular with the data, you can search within for additional terms. For example, using drug or pharma with a root expander (e.g. drug! or pharma!) would help you find cases with similar terms.

Reviewing damages results

  1. Monetary damages and Attorneys fees & costs
    1. Switch views between monetary damages and Attorneys fees & costs. Monetary damages tell you what the plaintiff was awarded for their injury and include:
      1. Compensatory Damages
      2. Interest
      3. Liquidated Damages
      4. Punitive Damages
      5. Settlement
      6. Statutory Damages
    2. Attorneys fees & costs include fees awarded for the services provided by the attorney and include attorney fees as well as litigation costs and expenses.
  2. Details
    1. Select Details to see the percentage of awards within the category, median award, and largest award.
  3. Chart or table view
    1. Analytics for Distribution, Damages Type, Court Case Type, Law Firm or Year can easily be reviewed with a chart or table view
  4. Delivery and folder options
    1. Use these options to print, download, save, or share damages information gathered.
  5. Allegations
    1. Select dockets include editorially created allegations and claimed damages. Allegations include injuries claimed by the plaintiff
  6. Claimed damages
    1. Damages claimed by the plaintiff in the case.
  7. Awarded damages
    1. This amount reflects the actual awarded damages in the case.