Pools are well aware of the influence of social inflation and impact of nuclear verdicts, seeking to better understand these trends and establish strategies to mitigate them. A recent behavioral study from Swiss Re examines the drivers behind these troubling trends.
Although the study focuses on verdict outcomes for large and small private companies as defendants, not public entities, it outlines important patterns in jury behavior worth every pool’s attention:
Notably, injury severity — not fault — emerges as the strongest driver of verdict outcomes.
There is a noticeable impact when plaintiffs introduce a monetary anchor for an award, with a smaller effect when defendants offer an alternative anchor.
Jury demographics, including political affiliation, age and income, also serve as meaningful differentiators.
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