Keeping The Empire Intact: Five Critical Operational Tips On Preventing Nuclear Verdicts

Nuclear verdicts in catastrophic motor vehicle accidents litigation (and even not so catastrophic accidents) have been proliferating for motor carriers (and brokers) for the past several years, with no immediate letup in sight (other than some specific state statutory regulations). For example, the size of trucking accident verdicts has increased by 967% over the last 10 years. (A "nuclear verdict" is defined as a verdict of over $10 million.) Even non-fatal, soft-tissue injuries have recently often rendered seven- and even eight-figure verdicts in many jurisdictions. These verdicts are spawned by a variety of factors, including, particularly, plaintiff's counsel's use of the "Reptile Theory" throughout casualty litigation. The Reptile Theory is a litigation strategy by which plaintiff's counsel seek to vilify the motor carrier overall, in the community at large, even independently of the actual fault for the accident. There are many ways to battle these tactics in