High-Low Agreement

A settlement agreement tied to trial where both sides agree on a minimum (low) and maximum (high) amount, regardless of the verdict.

In a personal injury case:
Manages risk: the plaintiff is guaranteed at least the “low,” and the defendant caps exposure at the “high.”

What to know:

  • The verdict still matters; if it’s between the high and low, the actual verdict is usually paid.

  • Terms must be clearly agreed on in writing.

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