How Insurers Are Combating Legal System Abuse
Some ad campaigns suggest that insurance companies, rather than individuals, are responsible for paying large verdicts and settlements.
The theory suggests that jurors are influenced by their instinctive desire to protect their community or family, and thus may render large awards in cases as a deterrent for future misconduct.
Telling the defendant's story in a way that humanizes the corporation presents the case as a singular event to be judged on its own facts, rather than as part of a larger systemic issue.
Insurers need to handle claims strategically, without being deterred by the possibility of a nuclear verdict, which can lead to inflated settlement values and hesitation to proceed to trial.
Litigation funding can provide plaintiffs with resources that exceed the actual value of the claim, which could encourage them to pursue higher settlement numbers that may not be realistic or reasonable.
