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The Rising Threat of Litigation Costs: How Nuclear Verdicts and Third-Party Funding Are Changing the Game for Businesses

Life brings the unexpected—that’s why AHI’s insurance experts are in your corner. More Information Below!

Imagine a $100 million jury verdict wiping out your business overnight. That’s no nightmare—it’s today’s reality. Litigation costs are exploding, thanks to “nuclear verdicts” (massive jury awards) and third-party funding, where investors bankroll lawsuits for profit. For business owners, this isn’t just a legal risk—it’s a financial gut punch. Here’s what’s happening, why it’s hitting harder than ever, and your playbook to survive.

What’s Driving the Litigation Cost Surge?

Nuclear Verdicts: The Million-Dollar Monster

Picture this: a jury slams a trucking company with a $100 million verdict after one accident. Extreme? Not anymore. In 2023, there were 89 verdicts over $10 million, with 27 topping $100 million, per Marathon Strategies. These “nuclear verdicts” are fueled by social inflation—juries, swayed by outrage and social media, punish companies with jaw-dropping payouts. Transportation, manufacturing, and healthcare need robust business insurance and lawsuit protection now more than ever.

Rising costs of litigation

Third-Party Litigation Funding: The Hidden Fuel

Then there’s third-party litigation funding, where investors bankroll lawsuits for a slice of the winnings. This multibillion-dollar industry turns plaintiffs into litigation machines, amplifying litigation costs. More lawsuits mean higher risk—funded cases chase bigger settlements or stretch out in court. Some funding even comes from foreign entities, raising security concerns, per the NC Chamber. Risk management is critical to counter this growing threat.

What’s Changed? Why Now?

This isn’t your grandpa’s litigation landscape. Historically, big verdicts averaged $21 million from 2013-2022. Today, outliers hit $89 million, and third-party funding wasn’t even a factor a decade ago. Add modern jury tactics—like the “reptile theory,” painting companies as reckless—and it’s a perfect storm. Businesses without updated business insurance and risk management playbooks are scrambling in a game rigged against them.

How to Protect Your Business

Don’t panic—act. Here’s your playbook for lawsuit protection and risk management:

  1. Beef Up Your Business Insurance Review liability and umbrella policies. A $10 million limit won’t cut it with nuclear verdicts in play. Contact your broker now—reinsurers are tightening up, so time’s short.
  2. Strengthen Risk Management Safety is your shield. Training, audits, and documentation slash litigation cost risks. Trucking firms using telematics to prove driver diligence have dodged million-dollar verdicts.
  3. Get Legal-Savvy Hire counsel versed in nuclear verdicts and funded cases. Early settlements can avoid jury wildcards. Tools like Travelers Insurance’s predictors spot litigation cost risks early.
  4. Know Your Battlefield California, Texas, and Florida are nuclear verdict hotspots—61% of cases from 2013-2022, per Marsh. Tailor your business insurance and lawsuit protection if you’re in these zones.

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The Gaps You’re Probably Missing

Common pitfalls in managing litigation costs:

  • Lowball Limits: Skimping on business insurance is a rookie mistake with $100 million verdicts looming.
  • Policy Fine Print: Exclusions for cyber or emerging risks can gut your lawsuit protection.
  • Stale Practices: Outdated safety or sloppy records invite litigation cost disasters.

Act Now or Pay Later

The clock’s ticking on litigation costs. Audit your business insurance this week—ask your broker: “Can we survive a $50 million hit?” Then, schedule a risk management review. A few hours now could save millions in lawsuit protection later. Litigation costs aren’t just rising—they’re rewriting the rules. Stay sharp, stay covered, and don’t let a courtroom curveball take you down.

Published Date: April 1, 2025
Updated: August 27, 2025

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