Research Report

Uncharted territory: Emerging litigation trends

An in-depth analysis of when litigation activity will return to pre-COVID-19 levels and what it means for claim settlements.

Is litigation activity trending towards normalcy?

As courthouses begin to open their doors, more depositions are taking place and returning to normal levels. But what does this mean for litigation spend, average length of a deposition and the adaption of virtual depositions? In this report, we investigate Milliman Datalytics-Defense’s analysis on deposition activity, which drives the claims adjudication process and represents the largest total spend for most types of civil litigation. We will also look at trial-related activities, which represent the largest average spend by type of ‘event’ and tends to fuel claim settlements.

You will learn:

  • The staggering effects the pandemic had on deposition activity levels
  • If trials are slowly returning to normal levels after a substantial drop over the last year
  • How COVID-19 skewed deposition numbers and the outcome moving forward

Future projections:

You should expect to see an increase in the average amount of defense costs, as well as the average payments made to claimants.