We’re losing billions—before we ever get to court

Every year, the insurance defense industry leaves billions on the table — not because of trial losses or runaway juries, but because of the strategic silence during negotiation.

In a system where 99% of litigated claims settle, defense teams are still holding back their strongest arguments. We « save them for trial. » We rely on quick calls instead of written packages.

We think we’re keeping leverage — but in reality, we’re losing control of the narrative.

The Real Battlefield Is Negotiation

Litigation rarely reaches trial. So why are we still preparing like it does?

While the plaintiff bar is:

• Sending structured, data-backed demand packages

• Using tools like EvenUp to benchmark value
• Framing stories and anchoring expectations

…the defense side is often:

• Responding with a counter-number and a call
• Saving arguments for a trial that never happens
• Letting plaintiff attorneys own the narrative

This isn’t a legal issue — it’s a strategy gap.

5 Excuses That Are Costing Billions

These myths are holding the defense back:

“I prefer phone calls” — Written offers have weight, structure, and reference value.

“I’m saving it for trial” — But 99 out of 100 cases don’t make it there.

“I don’t want to show my hand” — Strong arguments shift expectations early.

“I need ammo for later” — Use your best points when they can still change the case.

“They won’t engage” — Persuasion works even when no one’s talking.

It’s Time to Reclaim the Narrative

We already have the experience, the tools, and the insight. But we need to stop holding back.

• Start preparing structured offer letters
• Use persuasion early — not just at mediation
• Frame your side with data, narrative, and clarity
• Treat negotiation like the final battleground — because it is.

Find out more about our Analyzer product here.