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November 26, 2025 20 mins

Episode Summary:  

In this episode, James Sadigh breaks down the decision-making process behind settling a personal injury case versus taking it to trial. With over 35 years of experience, James explains how cases evolve unexpectedly, the hidden costs and risks of litigation, jury unpredictability, mediation strategies, and why only 5-10% of cases ever reach a courtroom. He shares real-world insights on managing client expectations, ethical considerations, and the power of understanding both sides of the claim.

 

Key Timestamps:  

00:01 - Show Introduction  

00:20 - Assessing Case Trajectory at Intake  

01:15 - Soft Tissue vs. Severe Injury Outcomes  

02:30 - Case Example: Wife Improves, Husband Needs Surgery  

04:00 - Why Most Cases Settle (Insurance Recognition of Trial Readiness)  

05:00 - Reasons to Recommend Settlement (Cost, Jury Risk, Time)  

06:30 - Groucho Marx Jury Joke & Juror Prejudices  

08:00 - Litigation Costs: Depositions, Experts, Court Fees  

10:00 - When to Reject Settlement & Go to Trial  

11:30 - Client Decision-Making: Principle vs. Practicality  

13:00 - Misconceptions from TV/Movies About Trials  

14:00 - Settlement Statistics: 50% Pre-Litigation, 65-70% During Litigation  

15:00 - Mediation Explained: Purpose, Selection, Effectiveness  

17:00 - Confidentiality in Mediation & Settlement Talks  

18:00 - Employment Case Example: $1M Demand Settled for $100K + Apology  

19:30 - Closing & Call to Action  

 

About the Show:  

"The Ethical Advocate for Accidents" delivers honest, no-nonsense guidance for Californians injured in accidents. James Sadigh brings over 35 years of personal injury experience to help listeners understand their rights, avoid common pitfalls, and find representation that truly puts clients first.

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