There are several stages to a mass tort lawsuit. Given the number of plaintiffs that are involved and the level of harm they suffer, it takes significant time to build these cases.
The first part of a mass tort involves extensive reviews of facts and records. Meeting with an attorney helps determine if a lawsuit is possible and who may be held liable. They’ll gather evidence, such as medical records and research studies, and consult with experts. While the case investigation is occurring, a mass tort attorney will also be looking for other plaintiffs, whether they’ve already filed a similar claim or not.
Filing a mass tort lawsuit is done in the same court, regardless of whether plaintiffs are located around the country. This streamlines the legal process, which can be further improved if the case is consolidated into multidistrict litigation (MDL). Other plaintiffs may file with the mass tort as this occurs.
In mass tort MDL, bellwether trials (test trials) are selected based on which plaintiffs best represent the group and usually have suffered the most damages. The outcome of bellwether trials greatly impacts settlement negotiations and may lead either side to move forward with individual trials.
Stages of a Mass Tort Lawsuit
Like all civil lawsuits, there are multiple stages to mass torts. Since they affect numerous people and often serious harm or injuries, gathering evidence and coordinating plaintiffs takes significant time. But for many, a mass tort is the most effective way to get justice and be financially compensated for the damages they suffered from a defective product, dangerous drug, exposure to toxic substances, or catastrophic event.
Here’s how a mass tort works.
Record Review and Investigation
The first stage of a mass tort is meeting with an experienced attorney who will determine whether or not there’s a valid claim and who’s liable. If so, they’ll dig even deeper into the details that will serve as crucial evidence to back up the case. A mass tort attorney reviews records, interviews their client(s), and collects documentation like medical bills. They consult with relevant experts, such as doctors, because their testimony can be invaluable. Leveraging the results of studies that support the allegations is another strategy to build a strong mass tort case.
Finding Similar Cases
Alongside the investigation stage, mass tort lawyers look for other individuals injured in the same or similar way and by the same defendant(s). They’ll research existing cases and work with other lawyers handling similar cases. Sharing findings and determining commonalities between their clients grows, and ultimately strengthens the mass tort. Keep in mind that while attorneys work together, each plaintiff retains their individual case.
Filing a Mass Tort Lawsuit
Often, plaintiffs in mass torts live across the country, but filing occurs in one court. This is one of the benefits of mass torts. Instead of individual lawsuits overwhelming courts throughout the nation, which can lead to inconsistent settlements and verdicts, not to mention duplicated work by legal teams, these cases are filed in one place.
Once a mass tort lawsuit is filed, there may be a motion by either side to consolidate the cases into multidistrict litigation. This can further streamline the legal process and often leads to settlements during the pretrial proceedings of multidistrict litigation. Additional individual lawsuits that meet the criteria may be filed into a mass tort MDL, but eventually, there’s a deadline to do so.
Bellwether Trials
Since most mass torts are moved to MDL, bellwether trials are selected unless a settlement is reached before it gets to this point. Bellwether trials involve litigating a handful of test cases, usually the most representative of the group and with the most damage. They give both sides the opportunity to see how evidence and arguments hold up in court, and the results of them greatly matter. Bellwether trials provide an important glimpse into likely outcomes and jury verdict amounts. They often serve as a basis for settlement offers.
Negotiations and Verdicts
Like other personal injury lawsuits and civil liability cases, it’s less likely mass torts go to trial. Usually, a settlement is reached before it gets to the courtroom. If the mass tort is consolidated into MDL, it’s common for settlements to be reached with most or all plaintiffs, which may happen before or after the bellwether trials. Plaintiffs who decline the settlement may pursue their own trial.
The verdicts of bellwether trials typically impact how much compensation the defendant offers; if the test trials were in favor of the plaintiff, the settlement offered may be higher. Sometimes, bellwether trials go the other way, and the defendant sees that they have a good chance at either winning individual lawsuits or that the amount they negotiate should be lower.
If you’ve been injured due to a defective product, dangerous drug, or exposure to toxic substances, you may not be the only person injured and could qualify for a mass tort lawsuit. Schedule a free consultation with the mass tort lawyers at Childers, Schleuter & Smith to determine your legal options. Contact us online or at 1-800-641-0098 for more information.
