Visitor Question

How do you “place together a settlement analysis” for a civil lawsuit?

Submitted By: Otis (Cook County, Chicago, Illinois)

I filed a Title VII civil lawsuit for race, age, sex discrimination, retaliation and wrongful termination against my former employer. Their defense attorney told me to “place together a settlement analysis” to present to their client for a settlement.

I’m wondering what a “settlement analysis” is and how you “place together” a settlement analysis for a civil lawsuit?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Otis,

It sounds as though you must be self represented if the defense attorney is asking you personally to put something together.

Typically if you are represented by a lawyer, opposing counsel is not permitted to speak with you.

Assuming this is the case, the defense is hoping to understand your perspective of the case by getting your perspective of what this case is worth.

Without disclosing strategy, you can “put together” or type a settlement “analysis” or proposal that articulates what you think you are entitled to and generally, why you believe you are entitled to this amount.

One helpful method would be to research jury verdicts of similar cases:

If you are a fire fighter and you were discriminated against because you are female and you did not receive the same consideration for a promotion, for example, you can easily research what these types of cases are worth by looking at jury verdicts.

Now, a verdict is not the same thing as a settlement, however it gives you a good idea. Be advised that Title VII cases also deal with issues such as disparity of pay as a settlement figure…

For example, if your complaint is that you should make $38.50 per hour and you have been denied a promotion and continue to make only $28.50 per hour, the disparity of $10.00 per hour x the number of hours you feel you have been denied pay is a figure that you should include in any analysis.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 30, 2010

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