All-In Breakout Calculator

This useful piece of software helps tremendously when the parties start to discuss resolving their dispute using "all-in" (or "all-inclusive") numbers.

Damages that are potentially payable to an aggrieved party are often broken down into several different heads of compensation. For example, in a personal injury claim, the injured party’s damages are often comprised of damages paid for pain and suffering, damages paid toward loss of income, damages paid for health care costs, an amount paid for pre-judgment interest on damages, an amount paid towards a portion of the injured party’s legal fees, and an amount paid towards a portion of the aggrieved party’s disbursements.

During the negotiations, the discussions often start out with offers that attribute a monetary amount to each category of potential recovery, but as the settlement offers continue to be exchanged throughout the mediation, it is commonplace for offers to start being exchanged as “all-in” figures (aka “all-inclusive” figures): no longer do the parties provide a break down for how much is to be paid under each head of compensation.

From the defendant’s perspective (or the party paying the money), dealing with "all-inclusive"  figures is easy and convenient. From the injured party’s perspective, however, dealing with "all-inclusive"  figures is often cumbersome – an injured party is mostly interested in what they will “take-home,”  and they are not interested in some nebulous “all-inclusive”  number, that will be reduced by legal fees, actual disbursements, loans, unpaid clinics, repayment of assignments, etc, before the injured party knows what their take-home recovery will be.

Injured parties and their lawyers often work feverously to calculate these figures by hand, but it is typically a time consuming exercise, and fraught with mathematical errors. Using David’s proprietary ALL-IN BREAK OUT CALCULATOR speeds up the process, and more importantly, lets David and the aggrieved party and their lawyer work out multiple scenarios quickly, thereby assisting David to better formulate the approach to the settlement negotiations.