If you have been a lawyer for any amount of time, you’ve likely heard the term “nuclear verdict.” Post-COVID-19, we are seeing an increase in these enormous verdicts, particularly in personal injury and wrongful death cases. This trend raises an important question: What factors are contributing to the desensitization of jury pools, leading to these unprecedented verdicts? More importantly, what can we, as defense lawyers, do to mitigate or at least slow down this trend?
Various factors contribute to this issue, including anchoring bias, rushed judgments, the perceived or actual devaluation of money, and the increasing desire among jurors to punish large companies. These are challenges we face when arguing against unreasonable ad damnum requests or demands at the start of a trial. While this article doesn’t have the scope to explore all these issues in detail, it does offer a glimpse into what defense lawyers should consider when a complaint lands on their desk.