Liability litigation observations and trends, Summer 2026

The liability litigation landscape is undergoing a fundamental shift, with claim severity now shaped far earlier in the lifecycle rather than at trial. While litigation frequency remains relatively stable, outcomes are increasingly driven by early positioning, claimant representation, and evolving negotiation dynamics. 

This report highlights several converging forces accelerating this change, including earlier attorney involvement that narrows engagement windows, the growing use of third-party litigation funding that extends claim duration and amplifies costs, and the rise of social inflation and plaintiff-driven narratives that elevate expectations from the outset. 

At the same time, procedural pressures such as early filings and time-limited demands are compressing timelines and forcing faster, higher-stakes decisions. 

Together, these trends are driving a widening gap between frequency and severity, reinforcing the need for earlier, more disciplined, and data-driven strategies to manage risk. 

Download the full report to explore the data, emerging patterns, and actionable strategies shaping the future of liability litigation.