All of the experts note that the study numbers are high because they represent a sampling of the best verdicts that attorneys choose to report. The experts also generally agree that the study numbers for motor-vehicle negligence and tort cases are high, but accurately reflect a downward trend in median results. Thomas J. Lynch of Boston, former chairman of the Tort Committee of the Boston Bar Association, has represented both plaintiffs and defendants in medical-practice, tort and auto cases. Lynch also finds the downward trend in median settlements that the study reflects noteworthy. Insurance companies are taking a hard line on valuing damages, and they can do it.
Many drivers have no coverage at all.
Campbell says he also sees more defense verdicts and lower awards, but has a different perspective. They are thoughtful and conservative, despite the politics of the state. What's more, Campbell says, auto product safety standards and better engineering have made safer cars. Both Campbell and Sheff agree that the study numbers for general negligence and tort are not as revealing because the category is broad, but they acknowledged the reality of the same downward trend in verdicts and settlements. Some experts are surprised by the relative valuation of employment law cases, which sport an average for reported verdicts over twice as large as premises liability cases.