For many personal injury attorneys, mass tort litigation presents a valuable opportunity to expand their practice. These cases can offer the chance to make a meaningful impact for large groups of injured individuals while creating new avenues for firm growth. However, mass tort litigation entails complexities that may deter attorneys unfamiliar with its nuances. That’s why we’re sharing a practical guide to entering mass torts that empowers attorneys to confidently take the first steps into this exciting practice area.
1. Selecting the Right Case
The first consideration is determining which type of mass tort to pursue. The cases encompass a wide range of claims stemming from injuries caused by pharmaceuticals, medical devices, environmental exposures, technology, sexual assault, and more. Each type presents unique complexities. For example, with pharmaceutical torts, there may be a challenge in establishing a reliable causal connection between the drug and the injury. Medical device torts are often more straightforward, as product identification and medical records typically provide clearer evidence of use and resulting harm.
Timing also plays a critical role in selecting the right case. Entering a litigation early can provide access to claimants at a lower cost, but there will likely be more risk. MDL formation, judicial assignment, and Daubert rulings may still be pending. Later entry may come at a higher cost, but with reduced uncertainty regarding liability and potential outcomes.
2. Acquiring Qualified Claimants
Once a mass tort is selected, the focus shifts to securing qualified claimants. For some firms this involves leveraging referrals or allocating a budget for advertising. Still others work with marketing partners to source potential claimants. Whichever way a firm decides to proceed, careful due diligence is essential. Low-cost leads may appear attractive, but not all claimants are compensable. Effective screening for issues such as dual representation, latency periods, fraud or incomplete documentation is critical to preserving potential settlement value. Without rigorous vetting, firms risk building a docket that proves unviable years later.
With Broughton Partners, compliance is at the core of the claimant acquisition process. A key to this is conducting all advertising and oversight of intake under the Goldwater Law Firm to ensure nationwide compliance. Each potential claimant is screened through a 24/7 in-house call center using tort specific, law firm developed eligibility criteria and each claimant is checked for identity and duplicate claims. As a result, only pre-qualified, fully retained clients are delivered to clients.
3. Choosing the Right Co-Counsel
Equally important is the choice of co-counsel. Global settlements have become less common; defendants increasingly resolve claims directly with select firms. The value a firm realizes often depends on the strength and reputation of the litigation firm.
Some litigators may resolve dockets for nuisance value, while others may consistently achieve substantial recoveries. Evaluating how litigating firms manage intake, communicate with claimants, and advance cases is essential. At Broughton Partners, ongoing collaboration with top litigating firms across the country allows us to closely monitor case progression. This enables us to identify and align with firms that deliver meaningful results for claimants and co-counsel alike.
Explore Mass Tort Co-Counsel Opportunities
Successfully participating in mass torts requires a methodical approach. Attorneys must carefully evaluate the tort itself, establish a reliable system for acquiring and qualifying claimants, and carefully select litigation partners. Each step will have a direct impact on case quality, settlement value, and ultimately the success of the campaign.
Broughton Partners provides a comprehensive, compliant solution – from advertising to connection to top litigators, alleviating the administrative and regulatory burdens that can come with mass tort campaigns. Let us help you grow your caseload ethically and efficiently while protecting your license and reputation every step of the way. Contact us today to get started.
