- David Beauregard, Senior Forensic Specialist, Travelers

“Having these resources available at the time that the incident happens helps you respond faster and more completely. Gathering the relevant facts and information at an early stage in the claim process is really key to achieving a desirable outcome.”

Don’t wait until a serious claim is made to assemble a liability catastrophe response team. Consider putting a response team in place that includes in-house or third-party claim, legal, forensics, investigations and risk management experts – and ensure they’re adequately trained to fulfill their respective roles on the team.

2. Have a Catastrophe Response Plan in Place

Treat each incident as if it has the potential to severely impact the business’s financial well-being and reputation. Monetary losses are just one consequence of a liability claim. Negative news can travel quickly across media channels, creating lasting reputational damage. The key is to stay ahead of these risks with a well-prepared response strategy and be ready to act should a liability issue emerge.

1. Prepare for the Unexpected

6 Tips to Mitigate the Risk of Devastatingly High Verdicts

Learn More

Download Top 100 Verdicts

Sometimes Bad Things Happen to Good Companies

3. Spot and Combat Aggressive Tactics Early

Should the potential for litigation arise, rely on experts and analytics to help shape a legal approach, settle claims or avoid a lawsuit altogether. Building a solid defense plan may help improve the business’s potential to achieve optimal outcomes.

4. Consult with an Attorney or Carrier to Help Create an Informed Litigation Plan

Work to counteract negative public views of large organizations. Corporations are entitled to fair and impartial treatment too. Play an active role in jury selection. Be present during trials and depositions. Find and refute any derogatory comments about the company made online or in the press. Remind the public that the business is made up of people, not products, prizes or profits.

5. Take Steps to Humanize the Organization and Brand

Losses associated with large liability cases often add up to more than a business or its primary insurance can cover. Partnering with a carrier that offers flexible coverage solutions, sophisticated claim management and industry-specific litigation expertise is key to minimizing the potentially devastating impact of large claims and verdicts.

6. Choose the Right Insurance Coverage and Carrier

Travelers makes it our business to help companies protect theirs.Our specialized insurance solutions, risk management expertise and services are designed to help businesses avoid and mitigate large-scale losses – like those featured in The National Law Journal’s Top 100 Verdicts.

Large Losses

Case Studies

Social Inflation Trends

Verdict Landscape

Tips to Mitigate Risk

The average top-100 verdict (nuclear and mega-nuclear combined) was over $800M.

Excluding a $301B outlier verdict, the combined average verdict was still more than $225M.

Mega-nuclear verdicts have increased 61% annually.

Nuclear verdict frequency has risen an average of 20.6% annually.

Verdict Growth by the Numbers | 2020-2024

2020

2021

2022

2023

2024

Number of Verdicts

Mega-Nuclear Verdict >$100M

Nuclear Verdict >$10M

Nuclear and Mega-Nuclear Verdict Frequency | 2020-2024

*Example sourced from a past edition of The National Law Journal’s “Top 100 Verdicts” full reports.

After being served 24 drinks at a bar, a man hit a pedestrian.*

$30M

A poorly paved road led to a fatal vehicle collision.*

$74M

Firefighters claimed equipment’s elimination led to injuries and death.*

$183M

The following verdicts were recently awarded in workplace negligence cases:

Even with proper preventive measures, businesses remain vulnerable to unpredictable events that may lead to claims of worker or workplace negligence. Maintaining a safe, compliant working environment may help minimize losses.

Worker/Workplace Negligence

*Example sourced from a past edition of The National Law Journal’s “Top 100 Verdicts” full reports.

A worker was burned by a manufacturing plant’s defective spark detection system.*

$33M

A defect in a ceramic heater caused a fatal house fire.*

$35M

A manufacturer was blamed for a seat belt defect that resulted in paraplegia.*

$52M

Recent examples of large-scale product liability losses include:

Every stage of a product’s life cycle introduces the potential for safety failures. By embedding safety into design, production and post-sale processes, companies can reduce liability and position themselves to defend claims more effectively if defects arise.

Product Liability

*Example sourced from a past edition of The National Law Journal’s “Top 100 Verdicts” full reports.

A bicyclist was paralyzed after hitting a pathway post in a golf community.*

$41M

Inadequate grocery store security led to a shooting and paraplegia.*

$69M

A broken AC system was blamed for a tenant’s death.*

$125M

Tailoring safety measures to the unique features of company property can help reduce risk. Consider these premises liability jury awards from recent years:

Ensuring the safety of a company’s visitors, customers and employees is critical to mitigating premises liability risk. Taking the necessary precautions to protect the public in and around business property that is owned or managed is the first step. Carrying the right insurance is essential.

Premises Liability

*Example sourced from a past edition of The National Law Journal’s “Top 100 Verdicts” full reports.

A dealership was blamed for a car accident involving a landscaper.*

$46M

A trucker’s employer ignored the trucker’s poor driving record.*

$101M

A drowsy truck driver caused a head-on collision with multiple fatalities.*

$180M

A few examples from recent years include:

When employees or company-owned vehicles are involved in automobile accidents, large-scale losses may follow close behind. Having the right fleet safety practices and insurance policies in place can help prevent motor vehicle claims.

Motor Vehicle

Large Losses Can Come from Any Direction

From auto fleets to front offices, even the seemingly smallest incident or claim involving a company’s vehicles, property, products or people can turn into a large loss without a strategically sound defense.

$200,000,000

$100,000,000

$50,000,000

VERDICT?

Could your business survive a $50 million, $100 million or even a $200 million verdict?

COULD YOUR BUSINESS SURVIVE A

1U.S. Chamber of Commerce Institute of Legal Reform. 2Examples sourced from past editions of The National Law Journal’s “Top 100 Verdicts” full reports.

Understand the trends driving the rise of nuclear and mega-nuclear verdicts1 – jury awards ranging from $10 million to $300 billion or more2 – and discover strategies that can help businesses avoid large-scale losses.

Sophisticated Attorney Tactics and Third-Party Litigation Funding

²https://www.atra.org/wp-content/uploads/2025/03/Legal-Services-Advertising-Report-%E2%80%93-2017-2024.pdf

¹https://www.travelers.com/business-insurance/general-liability/4-factors-causing-social-inflation

Engaging in venue shopping – using analytics to determine the locations and judges with a track record favoring more generous awards.¹

Spending an average of $2.3 billion per year in legal advertising (2020-2024), which can bring in more plaintiffs and potentially influence jury pools.¹,²

Using third-party investors, who get a cut of any awards, to fund cases.²

Appealing to juror emotions and stoking anger toward corporate defendants.¹

Plaintiff attorneys and savvy investors are capitalizing on shifts in public sentiment. For example, trial lawyers may use increasingly aggressive tactics to redirect juries’ focus from objective assessments of liability to emotional reactions and inflated judgments.

Sophisticated Attorney Tactics and Third-Party Litigation Funding

Evolving Jury Attitudes

³https://www.orrick.com/en/Insights/Groundbreaking-Jury-Research-Reveals-US-Jury-Attitudes-in-a-Polarized-Society#

²https://www.pewresearch.org/politics/2024/02/01/from-businesses-and-banks-to-colleges-and-churches-americans-views-of-u-s-institutions/

¹https://www.pewresearch.org/politics/2023/04/07/evaluations-of-the-economy-and-the-state-of-the-nation/

77% of jurors believe in “punishing” corporations through punitive damages.³

68% of Americans say large corporations have a negative effect on the way things are going in the country today.²

77% of Americans say the country’s economic system unfairly favors powerful interests.¹

Juries today are more likely to hold views on society and corporations that could lead to higher verdicts.

Evolving Jury Attitudes

Erosion of Tort Reform

²https://www.travelers.com/resources/business-topics/top-100-verdicts/whats-driving-huge-jury-awards

¹https://www.travelers.com/business-insurance/general-liability/4-factors-causing-social-inflation

Extreme verdicts are more easily and often affirmed on appeal.²

New statutes of limitation for some claims may lead to more case filings.

Litigation may be filed sooner in the life of a claim.²

Elimination of monetary caps in some states has increased awards.¹

Recent reversals that once limited the types of claims and time frames in which claims could be made, as well as how much could be awarded for damages, now tip the scales in favor of plaintiffs.

Erosion of Tort Reform

Desensitization to Extreme Jury Awards

High-dollar settlements can reset expectations for future claims.

Jurors may view large awards as justified push-back against perceived corporate excess.

Extreme cases, verdicts and settlements usually get more headlines and attention.

As inflation, housing costs and everyday expenses rise, jurors have become more comfortable with high-dollar settlements and verdicts. Exposure to headlines about oversized jury awards and billion-dollar payouts has reshaped what seems reasonable or fair in a claim.

Desensitization to Extreme Jury Awards

Social inflation refers to the rising cost of liability insurance claims above general economic inflation due to shifting societal attitudes. This includes the current societal shift toward juries increasingly siding with plaintiffs and awarding outsized verdicts.

4 Social Inflation Trends Driving Large-Scale Verdicts

Large jury awards are no longer just high-profile headlines, they’re a persistent threat to businesses across industries. Recent Top 100 Verdicts data shows that mega-nuclear verdict awards (over $100 million) are growing at a faster rate than nuclear (over $10 million). In fact, 2024 marked the first year this decade that mega-nuclear verdict awards outpaced nuclear. This is a clear sign that litigation risk is not only rising, but mega-nuclear verdicts may become the new normal, reshaping what businesses must prepare for. The chart below illustrates the five-year average rise in the frequency of both nuclear and mega-nuclear verdicts.

Evolving Verdict Landscape

Plaintiff attorneys’ tactics may include taking broad, bold strokes to inflate claims, such as making emotional appeals, inciting anger against corporations, focusing on worst-case scenarios and getting third-party investors to fund litigation. The earlier that such tactics are detected, the easier it is to prepare an effective defense against them.

Travelers Understands Today’s Aggressive Litigation Environment

Several factors are fueling the frequency of large verdicts, including changing jury attitudes, judicial reforms, plaintiff attorney tactics and third-party litigation funding. To stay ahead of these trends – known as “social inflation” – companies should evaluate their business insurance coverage and risk strategies now, among other factors, before a major loss occurs.

Staying Ahead of Large Verdict Risks

$51,130,000

Boiler Leak Poisoning

A mother and her two young children were awarded $51.1 million after suffering carbon monoxide poisoning in their apartment. The leak came from an improperly maintained boiler. The plaintiffs argued that the apartment complex owner, property manager and plumbing contractors failed to hire competent workers to complete the boiler repairs and warn residents about carbon monoxide exposure. Both children were left with brain injuries and lasting cognitive and developmental effects. The jury found the defendants negligent, assigning the majority of fault to the apartment owner and manager.

$51,130,000

Apartment Owner and Contractors Found Negligent in Boiler Leak – Texas

Premises Liability

$55,000,000

Trucker Loses Control

After a minor collision, a 22-year-old woman was standing near a highway guardrail when an 18-wheeler jackknifed on wet pavement and struck her. The woman underwent 15 surgeries and remains permanently disabled. She sued the truck driver and his employers for negligence, arguing that he was driving too fast in rainy conditions. The jury awarded the woman $55 million.

$55,000,000

Trucker Loses Control on Wet Roadway – New Jersey

Motor Vehicle

$55,371,788

Truck Backup Fatality

A 30-year-old man was killed when a tractor trailer backed into him at a warehouse loading dock. The victim’s family sued the driver and his employer, arguing that the driver was negligent in backing up without confirming the spotter’s location. The jury found the defendants 95% liable and awarded nearly $58.3 million to the man’s family. This amount was reduced to $55.3 million after the spotter was found 5% comparatively negligent.

$55,371,788

Negligent Backup Results in Fatal Accident – California

Motor Vehicle

$83,803,500

Drunken Driving Accident

A couple experienced severe injuries in a collision when an unlicensed, intoxicated employee of a tree service company crossed a double yellow line while driving his employer’s vehicle. The couple was awarded more than $83 million. The jury found the employer 75% liable for negligent hiring and for allowing the worker to drive despite knowing about his history of alcohol abuse and lack of a valid license. The employee was liable for the remaining amount. The verdict included $49 million in punitive damages, as well as compensation for medical costs, pain and suffering and property damage.

$83,803,500

Employer Negligent in Drunken Driving Crash – California

Worker/Workplace Negligence

$141,549,000

Negligent Hiring Exposed

A jury awarded over $141.5 million to three people injured in a rear-end crash caused by a logging truck traveling 67 mph in a 45 mph zone. The truck slammed into a line of stopped cars, injuring a man, his 5-year-old niece and another driver in the next vehicle. The plaintiffs argued that the truck driver’s employer was negligent in hiring him due to his careless driving history. The jury found both the driver and the company president equally liable, awarding $125 million in punitive damages along with medical expenses.

Crash Exposes Negligent Hiring Practices – Florida

Worker/Workplace Negligence

While the Top 100 Verdicts list tells part of the story, real-world examples illustrate the risks businesses face in today’s litigation climate. These case studies underscore why proactive risk management is critical.

Top 100: Featured Verdicts

$141,549,000

Learn More

Download Top 100 Verdicts

Travelers Understands Today’s Aggressive Litigation Environment

6. Choose the Right Insurance Coverage and Carrier

5. Take Steps to Humanize the Organization and Brand

4. Consult with an Attorney or Carrier to Help Create an Informed Litigation Plan

Plaintiff’s attorneys’ tactics may include taking broad, bold strokes to inflate claims, such as making emotional appeals, inciting anger against corporations, focusing on worst-case scenarios and getting third-party investors to fund litigation. The earlier that such tactics are detected, the easier it is to prepare an effective defense against them.

3. Spot and Combat Aggressive Tactics Early

- David Beauregard, Senior Forensic Specialist, Travelers

2. Have a Catastrophe Response Plan in Place

Treat each incident as if it has the potential to severely impact the business’s financial wellbeing and reputation. Monetary losses are just one consequence of a liability claim. Negative news can travel quickly across media channels, creating lasting reputational damage. The key is to stay ahead of these risks with a well-prepared response strategy and be ready to act should a liability issue emerge.

1. Prepare for the Unexpected

6 Tips to Mitigate the Risk of Devastatingly High Verdicts

Sophisticated Attorney Tactics and Third Party Litigation Funding

²https://www.atra.org/wp-content/uploads/2025/03/Legal-Services-Advertising-Report-%E2%80%93-2017-2024.pdf

¹https://www.travelers.com/business-insurance/general-liability/4-factors-causing-social-inflation

Engaging in venue shopping – using analytics to determine the locations and judges with a track record favoring more generous awards.¹

Spending an average of $2.3 billion per year in legal advertising (2020-2024), which can bring in more plaintiffs and potentially influence jury pools.¹,²

Using third-party investors, who get a cut of any awards, to fund cases.²

Appealing to juror emotions and stoking anger toward corporate defendants.¹

Plaintiff’s attorneys and savvy investors are capitalizing on shifts in public sentiment. For example, trial lawyers may use increasingly aggressive tactics to redirect juries’ focus from objective assessments of liability to emotional reactions and inflated judgments.

Sophisticated Attorney Tactics and Third Party Litigation Funding

Evolving Jury Attitudes

³https://www.orrick.com/en/Insights/Groundbreaking-Jury-Research-Reveals-US-Jury-Attitudes-in-a-Polarized-Society#

²https://www.pewresearch.org/politics/2024/02/01/from-businesses-and-banks-to-colleges-and-churches-americans-views-of-u-s-institutions/

¹https://www.pewresearch.org/politics/2023/04/07/evaluations-of-the-economy-and-the-state-of-the-nation/

77% of jurors believe in “punishing” corporations through punitive damages.³

68% of Americans say large corporations have a negative effect on the way things are going in the country today.²

77% of Americans say the country’s economic system unfairly favors powerful interests.¹

Juries today are more likely to hold views on society and corporations that could lead to higher verdicts.

Evolving Jury Attitudes

Erosion of Tort Reform

²https://www.travelers.com/resources/business-topics/top-100-verdicts/whats-driving-huge-jury-awards

¹https://www.travelers.com/business-insurance/general-liability/4-factors-causing-social-inflation

Extreme verdicts are more easily and often affirmed on appeal.²

New statutes of limitation for some claims may lead to more case filings.

Litigation may be filed sooner in the life of a claim.²

Elimination of monetary caps in some states has increased awards.¹

Recent reversals that once limited the types of claims and time frames in which claims could be made, as well as how much could be awarded for damages, now tip the scales in favor of plaintiffs.

Erosion of Tort Reform

Desensitization to Extreme Jury Awards

High dollar settlements can reset expectations for future claims.

Jurors may view large awards as justified push-back against perceived corporate excess.

Extreme cases, verdicts and settlements usually get more headlines and attention.

Desensitization to Extreme Jury Awards

4 Social Inflation Trends Driving Large-Scale Verdicts

Several factors are fueling the frequency of large verdicts, including changing jury attitudes, judicial reforms, plaintiff attorney tactics and third-party litigation funding. To stay ahead of these trends - known as “social inflation” - companies should evaluate their business insurance coverage and risk strategies now, among other factors before a major loss occurs.

Staying Ahead of Large Verdict Risks

$83,803,500

Drunk Driving Accident

A couple experienced severe injuries in a collision when an unlicensed, intoxicated employee of a tree service company crossed a double yellow line while driving his employer's vehicle. The couple was awarded more than $83 million. The jury found the employer 75 percent liable for negligent hiring and for allowing the worker to drive, despite knowing about his history of alcohol abuse and lack of a valid license. The employee was liable for the remaining amount. The verdict included $49 million in punitive damages, as well as compensation for medical costs, pain and suffering and property damage.

$83,803,500

Employer Negligent in Drunk Driving Crash – California

Worker/Workplace Negligence

$141,549,000

Negligent Hiring Exposed

A jury awarded over $141.5 million to three people injured in a rear-end crash caused by a logging truck traveling 67 mph in a 45-mph zone. The truck slammed into a line of stopped cars, injuring a man, his 5-year-old niece and another driver in the next vehicle. The plaintiffs argued that the truck driver's employer was negligent in hiring him due to his careless driving history. The jury found both the driver and the company president equally liable, awarding $125 million in punitive damages along with medical expenses.

$141,549,000

Crash Exposes Negligent Hiring Practices – Florida

Worker/Workplace Negligence

$51,130,000

Boiler Leak Poisoning

$51,130,000

Apartment Owner and Contractors Found Negligent in Boiler Leak – Texas

Premises Liability

$55,000,000

Trucker Loses Control

$55,000,000

Trucker Loses Control on Wet Roadway – New Jersey

Motor Vehicle

$55,371,788

Truck Backup Fatality

A 30-year-old man was killed when a tractor-trailer backed into him at a warehouse loading dock. The victim's family sued the driver and his employer, arguing that the driver was negligent in backing up without confirming the spotter's location. The jury found the defendants 95 percent liable and awarded nearly $58.3 million to the man's family. This amount was reduced to $55.3 million after the spotter was found 5 percent comparatively negligent.

$55,371,788

Negligent Backup Results in Fatal Accident – California

Motor Vehicle

While the Top 100 Verdicts list tells part of the story, real-world examples illustrate the risks businesses face in today’s litigation climate. These case stories underscore why proactive risk management is critical.

Top 100: Featured Verdicts

*Example sourced from a past edition of The National Law Journal’s “Top 100 Verdicts” full reports.

After being served 24 drinks at a bar, a man hit a pedestrian.*

$30M

A poorly paved road led to a fatal vehicle collision.*

$74M

Firefighters claimed equipment’s elimination led to injuries and death.*

$183M

The following verdicts were recently awarded in workplace negligence cases:

Worker/Workplace Negligence

*Example sourced from a past edition of The National Law Journal’s “Top 100 Verdicts” full reports.

A worker was burned by a manufacturing plant’s defective spark detection system.*

$33M

A defect in a ceramic heater caused a fatal house fire.*

$35M

A manufacturer was blamed for a seat belt defect that resulted in paraplegia.*

$52M

Recent examples of large-scale product liability losses include:

Every stage of a product’s lifecycle introduces the potential for safety failures. By embedding safety into design, production and post-sale processes, companies can reduce liability and position themselves to defend claims more effectively if defects arise.

Product Liability

*Example sourced from a past edition of The National Law Journal’s “Top 100 Verdicts” full reports.

A bicyclist was paralyzed after hitting a pathway post in a golf community.*

$41M

Inadequate grocery store security led to a shooting and paraplegia.*

$69M

A broken AC system was blamed for a tenant’s death.*

$125M

Tailoring safety measures to the unique features of company property can help reduce risk. Consider these premises liability jury awards from recent years:

Premises Liability

*Example sourced from a past edition of The National Law Journal’s “Top 100 Verdicts” full reports.

A dealership was blamed for a car accident involving a landscaper.*

$46M

A trucker’s employer ignored the trucker’s poor driving record.*

$101M

A drowsy truck driver caused a head-on collision with multiple fatalities.*

$180M

A few examples from recent years include:

Motor Vehicle

Large Losses Can Come from Any Direction

The average top-100 verdict (nuclear and mega-nuclear combined) was nearly $800M.

Excluding a $301B outlier verdict, the combined average verdict was still more than $225M.

Mega-nuclear verdicts have increased 61% annually.

Nuclear verdict frequency has risen an average of 20.6% annually.

Verdict Growth by the Numbers | 2020-2024

2020

2021

2022

2023

2024

Number of Verdicts

Mega-Nuclear Verdict >$100M

Nuclear Verdict >$10M

Nuclear and Mega-Nuclear Verdict Frequency | 2020-2024

Large jury awards are no longer just high-profile headlines, they're a persistent threat to businesses across industries. Recent Top 100 Verdicts data shows that mega-nuclear verdict awards (over $100 million) are growing at a faster rate than nuclear (over $10 million). In fact, 2024 marked the first year this decade that mega-nuclear verdict awards outpaced nuclear. This is a clear sign that litigation risk is not only rising, but mega-nuclear verdicts may become the new normal, reshaping what businesses must prepare for. The chart below illustrates the five-year average rise in the frequency of both nuclear and mega-nuclear verdicts.

Evolving Verdict Landscape

Verdict Landscape

Large Losses

Case Studies

Social Inflation Trends

Tips to Mitigate Risk

$200,000,000

$100,000,000

$50,000,000

VERDICT?

Could your business survive a $50 million, $100 million or even a $200 million verdict?

COULD YOUR BUSINESS SURVIVE A

1U.S. Chamber of Commerce Institute of Legal Reform. 2Examples sourced from past editions of The National Law Journal's “Top 100 Verdicts” full reports.

$200,000,000

$100,000,000

$50,000,000

VERDICT?

Could your business survive a $50 million, $100 million or even a $200 million verdict?

COULD YOUR BUSINESS SURVIVE A

1U.S. Chamber of Commerce Institute of Legal Reform. 2Examples sourced from past editions of The National Law Journal's “Top 100 Verdicts” full reports.

Verdict Landscape

Large Losses

Case Studies

Social Inflation Trends

Tips to Mitigate Risk