Nuclear verdicts (defined as a verdict of $10 million or more) are a growing concern in both the legal and insurance industries, and for good reason. Recent reports found that the average nuclear verdict has risen to $44 million and that the overall number of nuclear verdict cases rose to a 15-year high in 2023 with 89 lawsuits resulting in a nuclear verdict. While some states are taking legislative action to limit these types of verdicts, the trend of increasing nuclear verdict cases is still expected to continue for the foreseeable future. This is due in part to increasing social distrust directed at corporations and the growing inclusion of Gen Z in juries (who tend to be more pro-plaintiff) as they come of age. Additionally, 2024 saw the launch and growth of companies utilizing AI to generate highly sophisticated documents, such as demand letters, at higher volume than previously possible.
The ability to quickly and accurately gather information becomes a plaintiff attorney’s best chance at increasing the overall size of their demand. Additionally, with growing case backlogs it’s critical for attorneys to be able to quickly sort through information to assess cases and their viability.
In today’s digital age the sheer volume of information may seem overwhelming, but there are numerous services that attorneys can take advantage of to gather information including:
Record Finder by ChartSwap: Record Finder is a new search capability in the ChartSwap platform, that enables users to use patient demographics such as name, date of birth or zip code to search our nationwide network of providers for a comprehensive list of locations that may have additional patient records available to retrieve. This enhanced search capability makes it easier than ever to track down previously unknown records that could contain vital information for your case.
Social e-Profiler: A Social e-Profiler search takes between 60-90 seconds to complete and begins when you submit a search request based on a person’s full name, date of birth (or approximate age range) and at least one of the following: email address, username, phone number or zip code. The more information you can provide, the better your results will be. The result is a high-level report with information on your subject such as their social media accounts, internet searches, address history, education, relatives and more
Social canvassing: This type of canvassing goes beneath surface level results and uses a human touch to verify findings and conduct an in-depth search of your subject’s digital footprint. This service provides the opportunity to gather evidence from a subject’s social media platforms and digital footprint before a plaintiff removes posts or photos.
Medical canvassing: Designed to uncover essential claimant information and medical history. During a medical canvas, medical facilities within a specific geographic area are contacted to identify if a claimant was ever treated at that facility and if so, the dates on which treatment occurred. Medical canvassing can be used to verify information or discover potentially unknown medical history. A detailed canvass can also help you determine if injuries occurred outside the alleged course of the injury or uncover patterns in behavior that may imply a history of making injury claims.
These tools can help defense teams quickly build their counter claims and highlight areas where a plaintiff’s claims may not hold up, thus reducing the risk for a nuclear verdict decision. If you’re interested in learning more about any of these services or other case management tools, go here.
