Changing the Narrative in Claims Litigation

As courts begin to try jury cases backlogged by the disruptions of COVID-19, we are seeing an aberration in the results awarded by juries, as well as an increase in the potential for nuclear verdicts -- any jury award that surpasses $10 million -- across numerous industries.

Recurring, unprecedented requests by the plaintiffs’ bar are designed to provoke juries to reach excessive verdicts, oftentimes including astronomical non-economic damages, to ‘send a message’ to businesses.

Until recently, the plaintiffs’ bar had not been regularly able to sway juries to award such damages, but several factors are working together to increase the likelihood of businesses facing such a scenario.

Accordingly, the number of nuclear verdicts is likely to increase, forcing up the total cost of risk for businesses unless decisive action is taken to change the narrative that juries are receiving.