Overview
In real estate, comparable sales — "comps" — are the standard reference for property valuation. No appraiser values a home without looking at what similar properties have sold for in the same market. The same logic applies to litigation.
Published verdicts and settlements in similar cases are the market reference for case valuation. They tell you what juries have awarded, what defendants have paid, and what the realistic range of outcomes looks like for a given type of claim in a given jurisdiction.
Comparable verdict research is one of the most powerful and underused tools in plaintiff litigation.
Why comparables matter
Without comparable research, case valuations are built entirely on internal reasoning — economic damages, multiplier intuition, and attorney experience. These are necessary inputs, but they are insufficient. They tell you what the damages are worth to your client. They do not tell you what a jury in your jurisdiction has historically been willing to award.
Comparable research adds the external market dimension to your valuation. It anchors your range to real outcomes and gives you objective evidence to cite in demand letters and mediation briefs.
What to search for
- Case type — The category of claim is the primary filter. Cases with different legal theories produce structurally different outcomes.
- Injury type and severity — A soft-tissue case and a traumatic brain injury case are not comparable even if both involve auto accidents.
- Jurisdiction — Jury verdicts vary enormously by jurisdiction. Same-state comparables are generally more useful than national comparables.
- Economic damages range — Look for cases with economic damages in a similar range to yours.
- Time period — More recent verdicts are generally more useful. Jury attitudes and damage norms change over time.
Where to find comparable verdicts
- CourtListener — The largest free database of federal and state court opinions, maintained by the Free Law Project.
- Westlaw Jury Verdicts and Settlements — Comprehensive commercial database with strong jurisdictional coverage.
- LexisNexis Verdicts and Settlements — Another major commercial database with comparable coverage.
- Local verdict reporters — Many jurisdictions have local verdict reporting publications with case details not in national databases.
- Your own case history — Your firm's own closed cases are often the most relevant comparables.
How to use comparables in practice
In setting your demand
Comparables give you the evidence base for your demand figure. If you find ten published outcomes ranging from $800K to $2.5M in your jurisdiction, your demand should fall in or above that range depending on your specific facts.
In mediation briefs
Mediators respond to objective evidence. A well-constructed comparable analysis is more persuasive than a theoretical damages argument. Present comparables chronologically, note the distinguishing facts of each, and explain why your case compares favorably.
In client communications
Comparable research helps set realistic client expectations. "Here are published outcomes in cases like yours in this state" is a much more grounded communication than "in my professional judgment, this case is worth X."
In evaluating settlement offers
When a defendant makes a settlement offer, comparable research helps you evaluate it objectively. Is this offer in the normal range for this type of case? A data-informed response to an offer is more powerful than an instinctive one.
The limits of comparable research
Comparable research is a tool, not a formula. Every case has unique facts, and published outcomes reflect specific evidence, witnesses, judges, and juries. Use comparables to inform and anchor your valuation, not to determine it mechanically.
Additionally, published verdict databases are not complete. Many settlements are confidential. Always verify the source and details of any comparable before citing it.