I am not a lawyer.
I've worked with multiple lawyers on multiple suits and this is literally how they advised me. I've been on the other side of the table where I received legal letters asking to repair harms, and this is a similar story.
I'm telling stories about my life experiences. If you choose not to believe them, whatever I don't care.
And obviously you should not take the advise of me, an internet stranger, over your personal counsel. But yeah, when you get a suit handed to you, don't be surprised if this is the way things play out. Probably in your analysis you forgot to factor in that the vaaaast majority of disputes never reach an actual trial or a jury and are settled out of court.