Legal Marketing for Mass Tort Cases

A tort claim happens when someone files a claim that the opposing party has committed a civil wrong (rather than a criminal act) that results in financial loss or personal injury. A tort claim may or may not become a lawsuit depending on the actions of both parties. Most tort claims end up either dismissed or settled before going to court.

The types of damages compensable in a mass tort claim are the same as any personal injury lawsuit. They are financial damages (or economic damages) which directly affect your finances, and non-economic damages which are often referred to the public as “pain and suffering”. Economic damages include added medical expenses, lost wages, lost earning ability, and property damage.

The first step is that victims separately file their own personal injury claims. Then, the lawyers involved may bring the matter forward by asking the court’s permission to file a mass tort claim. Once approved, a judge will look over it and then decide whether or not to release the case details to the press. Mass tort claims are not combined into a single lawsuit (like a class action) but instead represent multiple different claims with different potential damages.

Every mass tort claim is different. In many cases, mass tort claims may take a year or more to reach a settlement. Not only that, but not all plaintiffs will choose to settle and some may make it further to trial.

As a claimant in a mass tort case, you can claim both economic and non-economic damages. The attorneys will have to review records such as testimony, medical records, and evidence gained by other claimants to determine what kind of damages you’re likely to get.

Most lawyers will not require money to be paid up front for a mass tort case. Because mass tort cases often involve very large settlements, it’s often advantageous to the attorney to get as many qualified claimants as possible on the case. Thus, law firms typically work with mass tort clients on a contingency basis.