Litigation Trends in 2026: What Research Firms are Seeing in the Field

​What are the defining litigation trends for 2026? In 2026, skyrocketing settlement costs and record-breaking nuclear verdicts are fundamentally shifting how attorneys approach trial prep. Legal teams are increasingly relying on empirical research, visual strategy, and juror psychology to accurately assess litigation risk long before entering the courtroom.

Why are nuclear verdicts forcing a shift in trial strategy?

The sheer scale of recent jury awards has fundamentally altered how defendants evaluate their financial exposure. According to recent tracking data from Marathon Strategies, an unprecedented 135 lawsuits resulted in nuclear verdicts—jury awards of $10 million or more—in 2024 alone, marking the highest volume on record. Furthermore, "thermonuclear" verdicts exceeding $100 million nearly doubled.

Faced with this escalating litigation risk, corporate counsel can no longer rely on intuition or past precedents. We are seeing a massive shift toward pre-trial research. Legal teams are utilizing comprehensive venue analysis and focus groups to pressure-test their defense narratives against real demographic data before taking a multi-million-dollar gamble in court.

How is data changing the approach to voir dire?

To combat runaway verdicts, attorneys are prioritizing early psychological insights over gut instinct. U.S. Legal Support’s 2026 Litigation Support Trends survey recently revealed that 41% of legal teams now conduct a mock trial or focus group prior to going to trial. They are doing this specifically to refine case themes, visual graphics, and narrative storytelling.

During these simulations, researchers map out the human factors that drive juror bias. By identifying exactly which types of visual exhibits or witness postures trigger anger or sympathy, legal teams gain actionable data. This empirical foundation allows attorneys to enter voir dire equipped with scientifically validated profiles of high-risk jurors.

Why is early observation of mock deliberation essential?

​A trial’s outcome is rarely decided by the facts alone; it is decided by how those facts are interpreted by laypeople. When attorneys observe a simulated deliberation, they gain a critical, unvarnished look at juror comprehension and group dynamics.

They can see precisely how ordinary citizens debate liability, misunderstand technical jargon, or disregard expert testimony. The historic $70 billion paid out in class action settlements during 2025—as tracked by the latest Duane Morris Class Action Review—illustrates that when pre-trial data suggests a jury will likely reject the core defense, a strategic settlement is the only responsible pivot.

How can you empirically test your 2026 trial strategy?

Navigating the heightened risks of the 2026 litigation landscape requires rigorous preparation and empirical evidence. We invite you to visit our state-of-the-art research facility in North Houston to see how our methodologies work firsthand.

Whether you need a fully equipped mock courtroom, high-definition live streaming for remote stakeholders, or just a comfortable, hospitable space to strategize with your team, we are here to support you. Let us handle the recruiting and facility logistics so you can focus on building a winning strategy.

Author

Hannah I. Kennedy, Marketing Operations Manager