Seeing the Unseen: How a $7,500 Investment Saved $500,000 in a 'Can't Lose' Case
Misery avoided. Another example of a “can’t lose” case that would have likely been a big loser, but the loss was avoided by testing key evidence with the Quaker Analytics focus group tool at an affordable cost.
If you’re not familiar with our online focus group tool, Quaker Focus™, now might be a good time to take a closer look. Everyone in this business knows the truth: juries are unpredictable. On any given day, a jury can come back with a decision that defies logic, common sense, and expectations, leaving insurers and claims teams to deal with the financial fallout. This is why we spend so much time and effort building strong cases—working with top-tier attorneys, well-regarded experts, and decades of collective experience. Still, even the best-prepared case can benefit from one more step: testing the evidence in front of impartial eyes to see how it really plays.
It’s not always an easy call. When the evidence seems clear and the odds appear to be overwhelmingly in your favor, spending money to verify the obvious can feel like throwing good dollars after bad. But sometimes, a little skepticism pays big dividends. That’s exactly what happened recently with one of our clients.
The case seemed solid. There was dashcam footage showing the plaintiff walking around after the accident, apparently uninjured. Medical defenses were strong, too, supported by a well-known IME doctor with a proven ability to effectively demonstrate key points to juries. The defense team was confident, the attorney had an impeccable track record, and while the venue posed some challenges, no one expected the case to blow past $100,000 on its worst day. Still, something gave the claims team pause. At an upcoming trial roundtable, they decided to submit the case to Quaker Focus™ for an online focus group.
We worked with the team to create a balanced presentation that included the best arguments from both sides. The case went to a group of 100 participants, and the results were nothing short of eye-opening. Half the participants believed the plaintiff’s apparent lack of injury at the scene didn’t mean they weren’t hurt. Others thought the testimony from the plaintiff’s doctor was compelling enough to suggest future disc surgery was likely—and that this could significantly affect the plaintiff’s life and earning capacity. Quaker Focus™ provides jurors with the opportunity to write or voice-record their opinions about specific pieces of evidence and the case as a whole. In this instance, the voice recordings from some jurors were particularly revealing; they expressed adverse opinions about the defense’s key evidence with a level of conviction that resonated strongly. Hearing these candid insights helped the client appreciate how convincing certain perspectives might be during actual deliberations. Many felt sympathetic, imagining the disruption such an injury might cause to work, daily routines, and time with family.
The takeaway was clear: the defense case wasn’t the slam dunk everyone thought. If this went to trial, the downside risk was staggering—a potential $750,000 verdict including $100,000 in future medical expenses and $350,000 in general damages, though several jurors suggested verdicts significantly higher. There was also concern that if one of those jurors dominated deliberations, the final award could have escalated well beyond expectations. This was far beyond the “worst day” scenario of $100,000 they had anticipated. The Quaker Focus™ data prompted a strategic shift. The reserve was raised from $75,000 to $300,000, which wasn’t exactly popular with the higher-ups, but the case ultimately settled for $250,000.
Could they have gone back to test it again with different parameters? Maybe. But the general consensus was that the outcome—a settlement well below the potential verdict—was a win. Without the focus group, this case could have easily gone to trial, leaving the client exposed to a massive verdict. Instead, they made a data-driven decision that protected their bottom line.
How many cases on your desk might benefit from a second look? Testing key evidence with Quaker Focus™ isn’t about spending money; it’s about spending it wisely. If you’re curious about how this tool could help you avoid unnecessary losses, let us know. We’re here to help you make decisions with confidence.