here in Texas, if it went to trial, it would be a jury trial.... and either 6 or 12 of us lay people would be expected to make that call... and of course we would hear medical "expert" opinion from both sides... we would hear one doctor saying the bite had nothing to do with the miscarriage, and one from the other side saying it did...so yep, us lay people with no medical expertise would have to make a choice.... am I qualified... only to serve on a jury... and I think that is what the lawyer is trying to decide, what chances he has with his argument in front of a jury...and whether or not he should push for a settlement...