Has ANYONE ever done a Hindsight Claims audit on these claims? I’ll bet you that numerous settlement demands way below verdict were ignored – I bet 50-60% of all nuclear verdicts were avoidable.
Having reviewed some files which have gone nuclear, the earlier offers were that I saw were, in context of the actual fair value of the claim, already exaggerated. I have some sympathy with the insurer wanting to have some degree of reasonableness: the defence will have run test jury trials to get a handle on what that reasonableness would look like. The problem is that the US system allows juries to decide on compensation.
Has ANYONE ever done a Hindsight Claims audit on these claims? I’ll bet you that numerous settlement demands way below verdict were ignored – I bet 50-60% of all nuclear verdicts were avoidable.
Having reviewed some files which have gone nuclear, the earlier offers were that I saw were, in context of the actual fair value of the claim, already exaggerated. I have some sympathy with the insurer wanting to have some degree of reasonableness: the defence will have run test jury trials to get a handle on what that reasonableness would look like. The problem is that the US system allows juries to decide on compensation.