Product Liability and Mass Torts

Legislation Impact Analysis

Claim filing rates in product liability cases are a function of economic and behavioral factors. For example, filing rates increase with higher claim values and decrease when individuals believe they bear some of the blame for the injury. The litigation environment will affect these factors, and hence, a plaintiff’s decision to bring a claim, the jurisdiction within which a claim is filed, and the value of claims filed.

NERA's experts track changes in the mass torts litigation environment both nationally and by state. We have observed that past tort reforms have affected filings rates (e.g., the barring of out-of-state claims in Mississippi led to a drop in in-state filings); and conversely, that high levels of claim filings can lead to tort reforms.
 
In forecasting claims or liabilities, our experts incorporate information on changes in the litigation environment, such as tort reform, to forecast how such reforms will affect filings rates or settlement dollars.