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Analyzing the Surge in Top Verdict Amounts: Insights from 2021 to 2022

The National Law Journal’s latest release highlights the top verdicts of 2022 in U.S. courts (PDF 2.6MB). Dive into intriguing cases, from a Florida bar’s $95.5 million liability over patron’s involvement in deadly crash to a welcome to the California hotel’s $60.5 million claim over fail to use reasonable care when checking on guest.

Yet, our focus shifts to the sweeping changes in verdict totals between 2021 and 2022, and the outlook for 2023.

Analyzing 2021 data, workplace negligence led the top 100 verdict causes, amassing an astonishing $302 billion. Intellectual property disputes followed, averaging $3.7 billion. High-ranking also were motor vehicle incidents, product liability, and transportation cases, with totals of $2 billion, $651 million, and $730 million.

In 2022, workplace negligence reclaimed the top spot, with a staggering $30.8 billion. Intellectual property held second place, but with a significant surge to $18.7 billion. Product liability, motor vehicle incidents, and intentional torts saw substantial upticks, reaching $13.1 billion, $2.4 billion, and $5.7 billion, respectively.

These escalations stem from factors like the COVID-19 pandemic, which triggered a surge in lawsuits. Additionally, general inflation and rising costs contributed. The trend of claimants seeking larger damages in civil suits and juries’ growing willingness to grant substantial compensations played a significant role.

Projections for 2023:

  1. Rise in Compensation: Courts show an inclination towards granting larger compensations across various suits, indicating a notable trend towards higher verdict amounts.

  2. Pandemic’s Influence: COVID-19 significantly impacted the legal sphere, leading to an upswing in filed lawsuits. This surge may be attributed to challenges arising from the pandemic, restrictions, and business closures.

  3. Intellectual Property’s Ascendancy: The surge in average verdict amounts for intellectual property cases underscores the increasing significance of intellectual property rights in today’s economy and business landscape.

  4. Risk for Businesses & Insurance: Heightened verdict amounts pose greater risks for businesses, potentially making it more challenging to secure insurance coverage and driving up insurance premiums.

  5. Inflation’s Role: The overall rise in inflation and the costs of goods and services likely contribute to the increase in compensation amounts in civil lawsuits anticipated in 2023.

  6. Complexity of Civil Cases: The rise in average verdict amounts may be linked to the mounting complexity of civil cases, necessitating more specialized and costly legal services.

  7. Societal Sentiment & Legal Culture: The heightened readiness of juries to grant substantial compensations reflects shifts in societal sentiment and legal culture, influenced by various socio-cultural and political factors.

It is crucial to emphasize that these insights are gleaned from data analysis and represent broad trends that may vary in individual cases.