Which States Have the Most “Nuclear” Verdicts?
Here’s what happened: A recent study found that Texas is a leading state for nuclear verdicts, with 130 reported verdicts totaling $16 billion from 2013 to 2022. Dive deeper: The U.S. Chamber of Commerce attributes anchoring techniques—where plaintiff’s attorneys suggest specific, often arbitrary amounts for damages—with helping drive up the costs of both settlements and lawsuit awards.
Here’s what happened: A recent study found that Texas is a leading state for nuclear verdicts, with 130 reported verdicts totaling $16 billion from 2013 to 2022.
Dive deeper: The U.S. Chamber of Commerce attributes anchoring techniques—where plaintiff’s attorneys suggest specific, often arbitrary amounts for damages—with helping drive up the costs of both settlements and lawsuit awards.
- In one case, a plaintiff’s attorney suggested the jury award “two cents” per mile driven by the defendant’s trucks, resulting in a $39 million jury award. The Texas Supreme Court later ruled that these “unsubstantiated anchors” and other tactics required a new trial.
TLR Thoughts: The Texas Legislature should take a close look at the factors contributing to nuclear verdicts in the Lone Star State, including anchoring, rampant attorney advertising, inflated medical damages, and others.
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