Tort Reform Gains Ground as Nuclear Verdicts Reshape Liability Landscape

Sedgwick analysis finds stark contrasts between states implementing comprehensive legal reforms and those facing escalating litigation costs.
By: | July 31, 2025
Closeup image of gavel and money

The liability litigation landscape is undergoing significant transformation as nuclear verdicts continue to rise while several states implement comprehensive tort reforms aimed at rebalancing the legal environment, according to Sedgwick’s 2025 liability litigation trends analysis.

Nuclear verdicts against corporations surged to unprecedented levels in 2024, with 135 lawsuits resulting in awards exceeding $10 million, a 52% increase over 2023, while the total of such verdicts reached a staggering $31.3 billion, up 116% from the previous year, according to Marathon Strategies research cited by Sedgwick.

Reform Momentum Builds Despite Setbacks

Georgia emerged as the tort reform leader among states in 2025, passing what Gov. Brian Kemp called “a victory for the people of our state who for too long were suffering the impacts of an out-of-balance legal environment.” The state’s comprehensive package through Senate Bills 68 and 69 addresses longtime legal system abuse issues, including limits on “anchoring” testimony about specific damage amounts to juries and new rules for premise liability cases requiring fault apportionment among property owners, third parties and other responsible persons.

Florida’s two-year-old tort reform continues showing measurable results, with auto insurance costs dropping between 6% and 10.5% as major companies filed for rate reductions. The state also saw litigation drop nearly 30% from peak levels and questionable auto glass claims fall 46% from 2023 to 2024. Marathon Strategies noted Florida’s “marked decline” in nuclear verdicts, with the state falling from second place nationally for such verdicts between 2009-2022 to 10th place in 2024.

Other states made more modest progress. Louisiana shifted from pure comparative fault to modified comparative fault and raised its “No Pay, No Play” threshold to $100,000, while Oklahoma implemented caps on non-economic damages and required third-party litigation funding transparency.

Attorney Representation Accelerates Amid Rising Costs

The plaintiffs’ bar continues to outpace the defense in capturing claimants early in the process, according to Sedgwick. Analysis reveals 64% of general liability claimants and 75% of auto liability claimants secure attorney representation within two weeks of initial claim assignment.

A 2024 Lexis Nexis study found 85% of auto accident victims were approached by at least one attorney following their accident, with 60% contacted by multiple attorneys, the report noted.

This aggressive pursuit reflects sophisticated marketing strategies extending far beyond traditional roadside billboards. Attorneys now utilize “live transfer” lead generation services that follow the “five-minute rule” – responding to potential clients within five minutes increases conversion rates by 21 times compared to longer response delays, according to the report.

The financial stakes continue escalating. The median nuclear verdict reached $51 million in 2024, representing a 15.9% increase over 2023, the report said. Thermonuclear verdicts exceeding $100 million jumped 81.5% in frequency between 2023 and 2024.

Defense costs compound the problem, with personal injury lawsuit defense expenses rising at an annual rate of 7.1% between 2016 and 2022, plus additional 6% and 6.5% increases in 2023 and 2024 respectively, per the report.

Strategic Overhaul Required for Litigation Management

The crisis demands fundamental changes in how organizations approach potential litigation, according to Sedgwick. Predictive modeling using multiple years of closed claim data becomes essential for identifying high-risk claims early, as settlement values have risen at three times the inflation rate while average annual U.S. inflation between 2015-2025 was 2.9%.

Technology combining machine learning algorithms, natural language processing and optical character recognition can better inform predictive models within the critical first two weeks after claim reporting, the report said.

According to Sedgwick’s analysis, the claims driving negative outcomes represent less than 1% of all cases, making early identification crucial for allocating appropriate resources.

Multi-defendant cases present particular risks due to joint evaluation bias, where jurors compare defendants against each other rather than evaluating them independently. This cognitive bias significantly increases the likelihood of disproportionate verdicts when defendants appear to blame each other or present conflicting strategies, the report said.

Meanwhile, jurisdictional analysis becomes critical as local legal culture and jury demographics heavily influence outcomes, Sedgwick advised. A 2019 survey found 82% of jury-eligible millennials would decide cases based on personal beliefs about right and wrong even when conflicting with actual law, the report noted.

The path forward requires proactive approaches including early settlement offers after thorough investigation, data-driven attorney selection using performance analytics, and strategic expense allocation on high-potential claims rather than uniform cost-cutting across all cases, Sedgwick said.

Obtain the full Sedgwick report here. &

The R&I Editorial Team can be reached at [email protected].

More from Risk & Insurance