In mass torts, case attrition occurs when cases are dismissed or withdrawn before resolution of the litigation. Preventing cases from dropping out is essential to an attorney’s success, and significant attrition can be a sign of underlying issues that need to be addressed promptly.
In this blog, we share the common sources of case attrition and steps firms can take to mitigate it.
Common Causes of Case Attrition
- Misaligned criteria: When intake criteria don’t fully align with the current legal and scientific standards of the mass tort, unqualified cases can slip in. As litigation evolves, these cases often drop out.
- Incomplete or inaccurate intake: Missing records, incorrect medical documentation, or poor data validation at intake can lead to weak cases that don’t withstand review.
- Poor client communication: Plaintiffs who feel disconnected from the process may stop responding or fail to provide necessary information, resulting in voluntary withdrawals or administrative dismissals.
- Evolving litigation standards: Case criteria can shift as MDL leadership updates requirements or new evidence emerges.
How to Prevent Case Attrition in Mass Torts
- Start with gold-standard criteria: The first step in preventing case attrition is defining clear, defensible criteria for case qualification. Most effective is to employ criteria developed in collaboration with leading litigating firms and to continuously update those criteria based on changes in the MDL or scientific landscape.
- Strengthen your intake process: A rigorous intake process is your main defense against weak cases.
- Verify identity, exposure, injury, and product use during initial screening.
- Use trained intake professionals who understand tort-specific nuances.
- Leverage both technology and human review to ensure accuracy and completeness.
- Continuously review and monitor: Preventing case attrition in mass torts isn’t a one-and-done effort. Implement regular checkpoints to review active cases, track engagement, and ensure all documentation remains current. Proactive review can identify at-risk cases before they’re lost.
- Keep clients engaged: Consistent communication is key. Plaintiffs who understand what’s happening and why are more likely to remain engaged. Use automated reminders, regular status updates, and multilingual outreach when needed to keep your clients responsive and informed throughout the litigation process.
How Broughton Partners Prevents Case Attrition in Mass Torts
At Broughton Partners, we’ve built our reputation on reducing case attrition through gold-standard criteria development and rigorous intake processes.
Our approach is grounded in:
- Deep relationships with leading litigation firms to ensure alignment with up-to-date case standards. Learn more about our Certified Litigation Partners here.
- Comprehensive, ethical intake processes handled by highly trained associates that deliver pre-qualified retained plaintiffs. Learn more about our Intake process here.
This combination ensures our clients receive qualified, compliant cases that hold up, minimizing attrition, maximizing settlement outcomes, and saving significant time and resources.
Explore Mass Tort Co-Counsel Opportunities
Preventing case attrition in mass torts is crucial to protecting the integrity of your docket and the trust of your clients. Firms that invest in effective intake, updated criteria, and consistent communication see stronger outcomes, higher client satisfaction, and better financial results.
If your firm is looking to strengthen its mass tort portfolio and prevent unnecessary case loss, Broughton Partners can help ensure every case you take on is built to last.
Learn more about how we connect law firms with qualified claimants. Contact us today to get started.
