If your claim has been classified as a mass tort claim, unfortunately, there is no set timeline for when it will resolve. Some mass tort claims may take a few years to conclude or settle, while others can take far longer. Mass tort claims that result in a settlement will generally conclude much faster than those that go to trial.
How do I know if my claim is a mass tort claim?
The two most frequent types of mass tort claims are:
- Consumer product claims: Claims made by many plaintiffs seeking compensation for injuries caused by dangerous products; and
- Pharmaceutical claims: Claims made by many plaintiffs seeking compensation for medical products, such as pharmaceutical drugs, either prescribed by a doctor or taken over-the-counter, which may have been intended to help, but caused harm instead.
If your claim falls within one of these two categories, it is likely that your claim is classified as a mass tort claim.
What are some factors that may affect the timeline of my mass tort claim?
There are various factors that may affect the timeline of your claim. These include:
- The analysis and collection of evidence: In order to resolve your mass tort claim, substantial evidence is required. This is one of the most time-consuming steps in a mass tort claim. The evidence needed includes medical records and documentation from the company sued. It may take months, if not years, to collect, organize and analyze this evidence.
- Deposing expert witnesses: In order to prove up your claim, lawyers may need to locate and depose physicians, scientists, economists, drug company researchers and developers, and more depending on the nature of your claim. These experts, especially medical experts, can help us link your condition to the product alleged to have caused you harm. Other experts are needed to prove that the product was defective.
- Delay by Defendant companies: Please keep in mind that mass tort claims tend to take longer because we are going up against big pharmaceutical companies with very deep pockets. These larger defendant companies have plenty of money and time to spend on these cases and are in no rush to settle. Therefore, they can afford to defend, deny and delay mass tort claims.
Please be patient with the process
Unfortunately, no one can guarantee you a specific end date for when your claim will resolve. Please be cautious of an attorney or law firm that promises a speedy recovery. While you may think that your mass tort claim is in a holding pattern because it has not settled yet, it is not. Your law firm is working diligently to build your claim and litigate your case. The work behind the scenes includes the following:
- Filing initial paperwork: This includes filing the complaint and all other necessary documents with the Court outlining your claim.
- Participating in discovery: Discovery, usually the longest part of the case, is the formal process of exchanging information about the facts and issues of the case between both parties.
- Participating in Motion practice: A motion is a written request or proposal to the court to ask the court for certain action in a claim.
- Settlement negotiations: Most settlements are achieved by negotiation when the attorneys on each side meet and confer about the case to agree on the terms of a settlement.
What can I do to help move my case forward?
Please notify Mostyn Law if you have received any additional treatment for injuries related to your product or pharmaceutical drug, such as surgical procedures, medical diagnoses, and/or medication prescribed by your doctor. Please send us any records in your possession that document any additional treatment that you have had. At the very least, please send us the contact information and dates of service for any doctors or other medical facilities that have provided you additional treatment so that we may obtain your records as soon as possible. Most importantly, please disclose any new information to your attorney in a timely matter.