Sedgwick Vice President of Liability Practices Steve Ellis said during a June 7 episode of the Sedgwick podcast that plaintiff attorneys use cognitive bias and emotional manipulation to secure large jury verdicts.
"They really seem to understand social behavior very well," said Ellis. "They understand cognitive bias, and they understand how to manipulate people's emotions, particularly on juries. So that's been huge in leading to some of the nuclear verdicts that we've seen out there."
According to Ellis, plaintiff attorneys use tactics such as "anchoring" and the "reptile theory" to secure nuclear verdicts, or verdicts larger than $10 million. Anchoring is when an attorney suggests an exorbitant monetary amount that then becomes "anchored" in jurors’ minds as a reference point, while the reptile theory involves attorneys appealing to jurors’ emotions to win large verdicts.
Nuclear verdicts are impacting the insurance industry by putting a strain on the availability and affordability of insurance coverage, according to the Insurance Journal. As the size of jury awards increases, especially in cases involving trucking, pharmaceuticals, and product liability, insurers find it more challenging to underwrite these risks without raising premiums or reducing coverage limits.
Nevada residents are paying an average of 31% more for their car insurance than the average American driver, according to a report from Bankrate. The average Nevada driver pays $3,068 each year for full coverage car insurance.
According to a legal alert from Harris Beach PLLC, Nevada recently saw one example of a nuclear verdict that continues the trend of verdicts that are "exceptionally high, eclipsing what would be a rational, reasonable, or expected amount based on the evidence." In October, a product liability case in Clark County resulted in awards totaling $228.5 million.
Prior to joining Sedgwick, Ellis spent seven years on the faculty of The University of Olivet. He also worked for Liberty Mutual Insurance for 30 years, where he held various roles including senior director of claims operations and director of business intelligence.