I mentioned in another comment in this thread that I have been at the plaintiffs counsel table for a defense verdict ($0). The trial was interrupted by a blizzard that closed the courthouse on Wednesday of the trial week so the jury didn’t get the case until about 3 pm on Friday afternoon. In his closing argument, the defense attorney held up the verdict form and said multiple times (paraphrasing): if you (jurors) check this box that says we aren’t liable, you can go home right now. If you check the box that says we are liable, then you have to stay here and review all of these medical records and bills and figure out how much we owe the plaintiff. Not surprisingly, the jury chose the quicker option. Not saying that’s why they did that, but it happens and trials are messy.

Jury trials are complex and judges and juries are often impatient. Typically, trial calendars are set up with multiple cases on call with two-hours notice so a jury will not be wasted if other cases settle that are scheduled for trial. A colleague has said, and I agree with him, that putting on a trial is like organizing a wedding on two hours notice. Plus, the people deciding the case have to be fully brought up to speed in a few hours on things that the parties have been fighting over for years. This is why most everyone tries to avoid trial. But if the right to trial by jury didn’t exist, insurance companies would have no incentive to make reasonable offers to anyone.