A view from both sides, and why cases are settled:

An offer to settle out of court is often a financial decision that has nothing to do with guilt or innocence. Barrows call it “buying out the risk.

“We know statistically half of these cases will have jury outcomes,” she explains. “We choose not to put some of these cases through the jury process. Once you go to trial, you have committed to the risk of losing, even when perhaps there was no negligence involved.

“Jury members can be emotionally swayed by certain information, and they only see someone suffering regardless of whether there was negligence involved, and they often figure these people deserve insurance money because of their suffering.”