There's more to suing than the likelihood of winning. War of attrition is a big one. If you have a lot of resources you can sue just to cause financial damage, emotional distress etc to the defendant without having to actually eventually win the case.
So it's completely fair that when a layperson talks about the ability of suing, they're talking about net losses from that process and not necessarily about the final verdict.
So it's completely fair that when a layperson talks about the ability of suing, they're talking about net losses from that process and not necessarily about the final verdict.