So you’ve decided to participate in mass torts, a strategic decision that can significantly enhance your law firm’s revenue streams. Mass tort cases, characterized by their complexity and the involvement of numerous plaintiffs, present unique challenges and opportunities. To help you successfully navigate this demanding yet rewarding field, we’ve compiled a list of the top factors you should consider when evaluating the viability of participating in mass tort cases.

1. Life cycle

Firms should take into account the current life cycle of each tort, as different entry points can impact acquisition costs and risk levels. Mass tort litigation generally unfolds in three stages:

  • Early-stage: These cases have just started or are in the preliminary phase before a Multidistrict Litigation (MDL) is formed. This stage involves a higher level of risk due to uncertainties and evolving legal strategies. Given the inherent risk, buy-in at this stage brings lower acquisition costs and the potential for substantial returns if the cases progress favorably.
  • Mid-stage: During this stage, litigation strategies are more solidified, and the scope of the case becomes clearer. MDL may be established, and pretrial proceedings are centralized. This stage often presents reduced risks compared to early-stage, but, in return, acquisition costs increase due to the case’s progression.
  • Late stage: These cases are nearing settlement or are already in settlement discussions. This stage presents the lowest risk but higher costs, as acquisition expenses increase with each stage.

2. Risk

In addition to the life cycle of a mass tort, there are other factors influencing risk.

While the potential gains are high, participation in mass tort litigation can be resource and capital-intensive, and therefore requires careful planning and strategic budgeting. Firms should consider their comfort level with risk and their financial situation before determining if or how to enter the space.

3. Injury or harm caused to claimants

Evaluating the injury or harm caused to claimants is a crucial step in determining the viability of a mass tort case. This involves assessing the nature, extent, and causation of the injuries sustained by the plaintiffs. By knowing the impact on the claimants’ lives, you’ll have a better understanding of the potential damages they may be entitled to.

4. Volume of claimants

The strength of a mass tort case can be bolstered by a high volume of claimants. A large number of plaintiffs and public awareness can put pressure on the defendants to more quickly settle the case. Defendants may also want to settle faster in order to avoid the high cost of prolonged litigation.

5. Case attrition

Case attrition refers to cases that drop out or are dismissed from a mass tort before resolution of the litigation. Keeping a close watch on case attrition is crucial for the success of any  mass tort case. High attrition rates can indicate underlying issues that need to be addressed promptly. A common cause of attrition is related to criteria. If the criteria for case selection are not stringent enough, or are not effectively aligned to the tort, cases may be included that do not meet the necessary legal or factual standards. This can result in a high number of cases being dismissed or withdrawn.

Clients of Broughton Partners benefit from gold standard criteria development. Using deep insights, strong relationships with key litigating firms, and a rigorous intake process helps ensure up-to-date information on evolving criteria from inception through potential settlement.

6. The profile of litigating firms

While it is not a guarantee of success, torts litigated by firms that have shown success in the space in the past is an advantage. There can be multiple lead firms on a mass tort, and these firms often have extensive knowledge of the nuances involved in these cases and can draw upon that experience to build more effective litigation strategies. This experience can also help ensure compliance with relevant regulations, including advertising and intake rules.

7. Evidence

Is there sufficient evidence to support the claims of the plaintiffs? If you will be litigating the case, is your team equipped to collect and manage large volumes of evidence? Proper handling and organization of evidence are critical to the success of mass tort litigation. You’ll also want to identify and retain qualified expert witnesses who can provide authoritative opinions on key aspects of the case. This may include medical experts, scientists, and industry specialists.

What Broughton Partners Can Do For You

With Broughton Partners, law firms gain more clients and build better connections between claimants, litigating firms, and referring firms. With various consumer-facing brands, we reach out to potential claimants across television, radio, social media, and other advertising avenues. Claimants contact our in-house 24/7 call center and are screened for eligibility using criteria created with leading litigators. These pre-qualified retainers are then delivered to your firm without any additional work on your part.

Our process lets attorneys help more people without adding to their workload and gives claimants more power to find necessary legal aid. If you want to know more, call us at (844) 206-4644 or complete our online contact form today.