Evidence Collection ROI Calculator

Compare the marginal cost of additional evidence (expert reports, depositions, e-discovery) to the expected change in case value or settlement leverage. Spending $10,000 on an accident reconstructionist that raises settlement value by $50,000 is a strong ROI; spending $10,000 to find an additional 5% chance of a $20,000 swing usually is not.

Documentary evidence (contracts, emails, medical records) usually has the highest ROI per dollar. Eyewitness statements and party depositions are next. Expert witnesses, e-discovery review, and forensic analysis cost the most per insight and should be reserved for issues likely to drive outcome.

Sometimes. Prevailing parties can usually recover statutory costs (deposition transcripts, filing fees) but not full expert fees absent a fee-shifting statute or contract. Spoliation findings can shift fees and even result in case-ending sanctions when evidence is destroyed.

As early as possible. Pre-litigation evidence preservation (litigation holds, scene preservation, witness interviews while memories are fresh) is often more valuable than later forensic work. Spoliation of evidence after a duty to preserve attaches can lead to severe sanctions.