Should I Sue Calculator

Estimate whether filing a lawsuit may be financially worthwhile. Compare legal costs, potential compensation, and the probability of winning to evaluate if pursuing litigation makes economic sense.
7/10
Win Probability
74%
Total Legal Cost
$34,200
Expected Net
$58,400
📊 Benefit‑Cost Ratio1.71
✅ Consider suing
* Filing + attorney + expert + opportunity cost

📘 How to use this calculator

1. Enter claim & state

Your demand and the state where you'll file — 2025 average hourly rate auto‑loads.

2. Adjust evidence & solvency

Evidence strength (0-10) + defendant's ability to pay.

3. Choose case type & fee model

Aligns with practice‑area multipliers and retainer data.

4. Click calculate

See win probability, total costs, expected return, and benefit‑cost ratio.

❓ Frequently Asked Questions

How accurate are the state hourly rates?

Based on the 2025 Legal Trends Report (MyCase/Clio) data you provided, including average lawyer rates by state (e.g., California $420, DC $490, West Virginia $196) and practice‑area breakdowns (Personal Injury $382 in DE, $425 in FL). We also incorporate retainer averages (bankruptcy $4,015, family $3,163).

What’s the benefit‑cost ratio?

Expected recovery (claim × win prob × solvency) divided by total litigation cost. A ratio >1.2 generally favors suing; <1 suggests settlement or case strengthening. Our model uses your inputs and real lawyer rates.

Does it include contingency fees?

Yes. If you select “Contingency”, the fee is 33% for tort/personal injury and 25% for other types (as common in the market). No recovery = no fee (but costs may still apply).

What about retainer fees?

We incorporated average retainers from your file (e.g., bankruptcy $4,015, employment $2,835). Under “Retainer + hourly”, the retainer is added upfront, then deducted from final hourly fees.