Avoiding Nuclear Verdicts

The podcast explores the phenomenon of "nuclear verdicts"—disproportionately large jury awards in personal injury cases—and strategies for defense lawyers to mitigate this risk. Bob Tyson and Cayce Lynch from Tyson and Mendez, along with Apex Defense Consultants, share their research-backed insights. Their analysis of 100 trial transcripts revealed that juror anger is a primary driver of these verdicts, fueled by plaintiff attorneys' focus on inciting anger rather than sympathy. To counter this, the speakers advocate for a "core four" approach: personalizing the defendant, accepting responsibility for something, providing a specific monetary counter-anchor, and directly addressing pain and suffering arguments. They also noted their data showed that defense is more likely to get a defense verdict when they give the jury a number.