Peach Tree Times

Georgia was ranked ninth in the United States for the total number of "nuclear verdicts," or jury verdicts exceeding $10 million, recorded in 2023, as per a May 3 report from Marathon Strategies, an independent public relations firm.

The report also stated that Georgia saw a total of $376,927,587 in nuclear verdicts in 2023. Additionally, the state held its ninth-place ranking for the cumulative total of nuclear verdicts handed down by its courts between 2009 and 2023. During this period, Georgia saw 34 verdicts amounting to $4.8 billion.

According to Marathon Strategies' report, states that have implemented tort reform measures, such as Florida, are witnessing a decrease in nuclear verdicts. In 2022, Florida Governor Ron DeSantis enacted comprehensive tort reforms which resulted in Florida dropping from second place to seventh place in 2023 regarding the sum of its nuclear verdicts. The reforms introduced by Florida included eliminating attorney’s fee multipliers, standardizing the calculation of damages in personal injury and wrongful death cases, and reducing the statute of limitations to two years for general negligence cases.

Marc Hyden from the R Street Institute - a think tank - opined that Georgia’s "flawed tort system" is detrimental to both businesses and consumers within the state. Hyden argued that excessive lawsuits and "outrageous nuclear verdicts" force businesses to increase their prices; thus consumers bear the cost while attorneys reap substantial payouts. He highlighted that Georgia residents are paying an annual "tort tax" of approximately $1,100. Hyden also noted that tort reform measures have failed to pass through the legislature including a bill aimed at repealing the state’s "seatbelt gag rule" related to admitting a plaintiff’s seatbelt usage evidence in car accident lawsuits.

The Insurance Journal's report suggests that nuclear verdicts have adversely affected insurance markets in various ways. One significant impact is the pressure on the availability and affordability of insurance coverage. As jury awards increase, particularly in cases involving trucking, pharmaceuticals, and product liability, insurers face greater challenges in underwriting these risks without escalating premiums or diminishing coverage limits.

Marathon Strategies, established in 2008 by Phil Singer, functions as an independent research and communications firm. The company's team comprises data analysts, researchers, and attorneys, as per their website.