Iron Triangle
Every suit has two legal components: liability and damages.
There is, however, a third component that has nothing to do with
the legal merits of a case but has everything to do with the economics
of a case: collectability. These three components constitute
the Iron Triangle.
Liability
Liability refers to a legal obligation of some sort. It
is an obligation that may be imposed by contract, common law, or
statutory law. In any respect, it is any obligation that a
court will enforce, essentially a justiciable issue.
In Florida, this usually refers to a Cause of Action.
In federal courts, it refers to "a claim upon which relief
can be granted." Other jurisdictions may have differing
names for liability. Regardless of the name, however, it
is the essential issue in considering whether a plaintiff has a
case. No tickee, no laundry. No liability, no
case.
Damages
Damages refers to legal harm for which a court will award
monetary compensation. Imagined, speculative, or
unquantifiable harm is not sufficient. Even a case in
which there is certain liability is not worth bringing if there
are no damages.
Uncertain damages, however, can be roughly quantified by
extrapolating current figures or through the use of expert
witnesses. Other methods work as well. Whatever the
method used, the burden is on the plaintiff to establish
damages.
As a general rule, the greater the damages the more difficult
it is to quantify. As with net worth, if you can identify
it down to the last penny it cannot possibly be very much. Then
again, as with all rules there are certainly exceptions.
Collectability
Collectability is a concept that has nothing to do with the
practice of law but has every thing to do with the economics of
law. It refers to the ability of a judgment creditor to
collect the judgment either from the debtor's assets or from the
debtor's insurance carrier. Without collectability, proof
of liability and of damages is merely an academic
exercise.
Some plaintiffs, however, will proceed with litigation
knowing they will never collect. In most cases they do so in
order to establish a precedent or to prove a point.
