How Long does a Mass Tort Claim Usually Last?

In recent years, large corporations have paid billions of dollars to people who have been injured by their defective products or drugs. Most of these claims were litigated as mass tort claims, which brings together plaintiffs who suffered similar harms at the hands of a defendant’s negligence.

For example, in 2018, Johnson & Johnson paid $4.7 billion to a group of plaintiffs who alleged in a mass tort claim that the company knowingly sold talcum powder products that caused or contributed to their ovarian cancer diagnoses. 

While mass tort claims can be incredibly effective, they can also take years to reach a settlement or go through the trial process.

What Is a Mass Tort?

A mass tort claim is created when a group of individual personal injury claimants alleges harm against a common defendant. As a result of such a large group of people sharing the same grievance, the claims are grouped together and filed against the same, common defendant(s). 

Because mass tort claims and class actions are similar, they are often confused with each other. However, there are some important distinctions between the two. In both class actions and mass tort claims, a group of plaintiffs allege similar harms against a common defendant and are consolidated into one action rather than many separate lawsuits. 

In a class action, all members of the class of plaintiffs are not treated as individuals, but as one plaintiff. However, in mass tort claims, while all the claims are grouped into a lawsuit to ease the burden on the court system, each plaintiff is treated as an individual and still must prove certain facts that show how he or she was specifically injured by the defendant. 

This is because mass tort claims typically arise when consumers are injured by defective products or pharmaceutical drugs. Since each individual may have dealt with different circumstances or reacted differently to the defective product or drug, the facts of these cases rarely fit into a single class.

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How Long Can I Expect a Mass Tort Claim to Last?

Unfortunately, there is no “typical” or “standard” timeline for a mass tort claim. Some mass tort claims can end after just a few weeks through a settlement, while other mass tort claims can take years to resolve. Fortunately, there is a solution for plaintiffs who may need financial assistance while waiting for their potential settlement award to consider: legal, or lawsuit, funding. 

This process can help you weather the storm of any out-of-pocket costs during the lengthy process of litigation – although everyone should conduct their own, independent research into this process and determine if it is a fit for your situation.

Factors that Can Affect the Timeline of a Mass Tort Claim

Because mass tort claims involve many plaintiffs, these types of claims are more complex that a standard personal injury claim. Although this can mean a longer period of time until you get your settlement money, entering this process is often worth the wait. Steps to expect during the process include:

• Locating expert witnesses and scheduling depositions
• Travel time (travel is often required to conduct investigations and collect testimony from witnesses)
• Locating, investigating, and gathering evidence
• Negotiations with defendants who may refuse to enter into a reasonable settlement

While it is easy to get frustrated when you have suffered serious injury and time continues to pass with seemingly no progress, it is important to remember that there is a large amount of “behind-the-scenes” work that is essential to the success of a mass tort claim. In addition to the factors above, there are additional steps that are required for every legal claim which can take time to resolve and include:

• Filing initial documents (i.e., the complaint, the answer, and all other necessary documentation)
• Discovery 
• Motions
• Trial
• Collection of settlement money or awards 
• Appeals

It is also important to note that if a defendant chooses to settle a mass tort claim, this will resolve much quicker than if the case goes to trial. 

Should I Participate in a Mass Tort Claim Rather than an Individual Lawsuit?

You’ve probably heard of or read about a mass tort claim in the news at some point in your life. This is because mass tort claims carry more weight, both in the news and in the legal field. For this reason, when pursuing legal action against a large corporation, joining a mass tort claim can oftentimes be the most effective path to pursuing the justice you deserve.

If you or a loved one has suffered harm at the hands of a large corporation’s defective product or drug, the top-rated personal injury attorneys at Van Law Firm will help you determine whether it is in your best interest to pursue individual legal action or join a lawsuit in which other plaintiffs suffer the same legal issue. 

We want to fight to get you the money you deserve from companies who are not placing the safety of their consumers above all else. Call us today to schedule a free consultation.