Deep Dive: Focus Groups

In the world of personal injury insurance claims, focus groups have been around for a long time. But why, historically, have focus groups not been used more often for claim evaluation?

The reasons vary: they’re too complicated to set up, too time consuming to get the information to the vendor and review the focus group strategy with them, a general mistrust in the opinions of a few paid participants who might not be representative of the actual jurors expected at trial, and lastly, the cost. The cost has perhaps the most significant impact on the decision to run a focus group, especially if a company or firm has implemented aggressive loss adjustment expense reduction and control strategies.

Despite these historical woes, it is evident that the usage of focus groups will increase in the near future of insurance personal injury claims due to the emergence of online focus group tools.

The reality is that either side runs a high risk of being wrong - sometimes by a big number. The defense world worries about “nuclear verdicts” (an outcome significantly higher than what anyone suspected) and plaintiff’s attorneys worry they may have an outright loser on liability or juror disbelief in the veracity of their client’s case. Now more than ever there is a greater need to leverage data-driven decisions from focus groups to help improve the probability of favorable trial results.

The shift in juror attitudes alone is reason enough to incur the cost of a focus group. The increase in the immediate availability of information, thanks to the internet and digital media, has significantly shifted jurors' attitudes and perceptions in present-day personal injury insurance claim trials. There are several key ways this shift might manifest:

• Higher Expectations for Evidence:
  Jurors today are accustomed to having vast amounts of information at their fingertips. This digital-age mindset translates into higher expectations for evidence and information presented during trials. Jurors might expect more detailed and readily understandable evidence, such as high-quality visuals, simulations, or instant access to data, to make informed decisions.

• Increased Skepticism:
  The widespread availability of information has also led to increased skepticism among jurors. They are more likely to question the reliability and source of the information presented, given their awareness of misinformation and biases present online. This skepticism can affect how jurors perceive arguments and evidence from both the defense and plaintiff sides.

• More Informed Jurors:
  Jurors may come into the trial with a greater baseline understanding of legal and medical terms, processes, and standards relevant to personal injury claims, due to pre-trial research or exposure to similar cases online. This preconceived knowledge can influence their attitudes and decisions, positively or negatively, based on the accuracy and relevance of what they've learned.

• Potential for Bias:
  The easy access to information can lead to jurors forming opinions before hearing all the evidence. Whether through news stories, social media, or other digital content, jurors may unknowingly develop biases based on their consumption of information related to the case or similar cases, impacting their impartiality.

• Expectation for Transparency and Accountability:
  Modern jurors, informed by a culture that values transparency and accountability, may hold insurance companies and parties in a trial to higher standards of ethical behavior and transparency. This could influence their attitudes towards claims, verdicts, and damages, swaying them towards what they perceive as more equitable outcomes.

Understanding these shifts is crucial for effectively preparing for and navigating personal injury insurance claim trials. The strategy of using focus groups for trial preparation is an excellent way to gauge how today’s jurors might react to certain pieces of evidence or arguments, allowing for more tailored and effective trial strategies that consider the modern juror's mindset. This nuanced approach, recognizing the changing landscape of information consumption and its impact on juror attitudes, is the basis for Quaker Analytics’ focus group tool’s expertise in navigating the complexities of contemporary legal challenges in insurance claims.

If both sides (defense and plaintiff) are serious about making better decisions and hitting the mark with their case evaluations and trials, they need to rethink the usage of focus groups, even on those cases that by historical definition are “too small” to be worth the expense. A bad result can sometimes create more organizational stress and turmoil, and when the numbers are huge, a single bad verdict can offset many past years of great outcomes. Attorneys must also consider their reputation and prospects for new clients which can be adversely impacted by losing the case everyone expected to be a sure winner.

When considering the cost and timeline of focus groups, insurance companies often don't have the staff available to manage a focus group vendor and all of the complications with assignment, review, and participant attendance. For plaintiff’s lawyers, sometimes overconfidence in their capacity to easily hit their minimum expected verdict will deter them from enlisting the help of a focus group. Additionally, there may be concerns with their client’s inability to pay the expenses associated with focus groups.

With the Quaker Analytics’ online focus group tool, Quaker Focus™, the days of worrying about cost, time, facilitation, and confidence in the strength of a personal injury case are over. Claims adjusters, managers, defense and plaintiff attorneys can now meet a broader range of client expectations by using this online tool. Through an easy four-step process, users submit a focus group request form and receive a courtroom-like presentation loaded with insightful discoveries. In most circumstances, delivery of the presentation can be possible within seven business days.

Quaker’s survey is distributed to an online focus group that mirrors a real jury from the target venue(s) so users can be certain the final results won’t be skewed by ever-changing demographics. With advanced technology and workflow automation, using Quaker Focus™ delivers results quickly. Based on the user’s preferences, the results reflect what is presented and are formatted to be easily understood, making the evaluation process clean and clear.

Utilizing the power of the Quaker Focus™ empowers legal teams to elevate their case strategies beyond traditional expectations. By integrating this advanced platform, professionals not only in the realm of personal injury insurance claims, but also business litigation of any type, can adeptly address the challenges of jury analysis, reducing both the fiscal and logistical burdens that once hindered the deployment of focus groups. The tool's rapid, clear feedback mechanism revolutionizes how attorneys prepare for trial, offering a direct line to understanding juror biases and expectations in our digital era. As legal practices adapt to embrace this technology, they not only enhance their ability to advocate effectively but also align more closely with the modern demand for data-driven decision-making.