How Long does a Mass Tort Lawsuit Usually Take to Resolve?

How long does a mass tort lawsuit usually take to resolve? The time frame for these cases varies for each situation. However, you can generally expect them to take years to fully resolve, with some mass tort lawsuits lasting for decades.

A mass tort lawsuit lawyer can help you review the factors that impact the length of these legal claims. Our team at Zanes Law can even provide details about specific mass tort claims, giving you more information about this subject.

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What’s the Time Frame to Resolve a Mass Tort Lawsuit?

Mass tort lawsuits typically take years or decades to fully resolve due to their size and complexity. Therefore, we recommend preparing for a lengthy legal battle when joining a mass tort claim.

Our team of mass tort attorneys handles each claim on an individual basis instead of trying to wrap them up based on a predetermined schedule.

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Why do Mass Tort Cases Take So Long?

Mass tort cases take an extended period of time to resolve for several reasons. Your claim may stretch for years due to the following:

The Lengthy Investigative Process for Mass Tort Cases

Thoroughly investigating the claims and building evidence can take mass tort lawyers several years before a case begins in earnest. Mass tort lawyers may look for patterns of harm and injury that indicate a defective product, medication, or toxic exposure affecting large groups of people.

In many cases, the process involves researching:

• Industry data
• Government reports
• Medical studies
• News stories

They also:

• Conduct detailed interviews with plaintiffs
• Research the cause of the injuries
• Contact medical experts, scientists, researchers, and other specialists
• Request internal memos, studies, test results, and communications
• Seek documents from regulatory agencies like the FDA
• Order independent lab tests of products or materials to prove contamination or defects

By leveraging all these techniques, mass tort attorneys aim to prove liability and causation against negligent defendants. A thorough investigation lays the groundwork for successful litigation or settlement negotiations. However, it can take a long time.

The Need to Recruiting Plaintiffs

Mass tort lawyers must take significant time, even years, to identify and recruit all potential plaintiffs in a mass tort case. Lawsuits evolve as new plaintiffs join, and this process can extend the time to resolve your mass tort litigation.

The Process of Trial Preparation

Mass tort attorneys engage in extensive pre-trial preparation, including:

• Conducting discovery
• Deposing witnesses
• Filing procedural motions
• Coordinating among large plaintiff groups

These activities can slow the timeline to complete a mass tort lawsuit, meaning these claims frequently take years or decades.

The Need for Settlement Talks

Many mass tort claims resolve out of court through a settlement process. However, settlement negotiations will happen slowly over the years, with some plaintiff groups settling before others.

The final resolution of the claim may take decades, especially if the defendant engages in stalling tactics during the settlement process.

The Usage of Bellwether Trials

Many mass tort lawsuits end up involving Bellwether trials or individual test trials. These trials allow some plaintiffs to file first to gauge outcomes before moving forward with final settlements. Each Bellwether trial adds time to the total mass tort process.

The Appearance of Late Emerging Claims

Some mass tort injuries and diseases take decades to manifest. As more plaintiffs realize they fit the scope of the mass tort claim, they can join the plaintiff pool. Lawyers often wait for these individuals, increasing the time it takes to complete a mass tort lawsuit.

The Possibility of Scientific Developments

New research often emerges over the years from the start of a mass tort lawsuit. This research may link a product or substance to injuries, expanding the scope of the case and adding time to the lawsuit.

The Judges’ Schedules

Mass tort lawsuits involve complex motions and hearings. Judges have to fit all these dates into their busy schedules. Conflicts regarding timing and other claims can stretch out the length of a mass tort lawsuit.

How Long does Getting Damages After a Mass Tort Lawsuit Resolution Take?

Once your mass tort lawsuit resolves, you may still have to wait for compensation for your financial losses. The exact amount of time depends on the following:

Defendants’ Appeals

Defendants almost always appeal verdicts, adding years of appeals litigation before plaintiffs receive compensation.

The Settlement Distribution Process

Mass tort settlements often utilize complex matrices to allocate funds appropriately across hundreds or thousands of plaintiffs based on individual damages. This administrative process takes time.

The Necessity of Plaintiff Verification

Plaintiffs must provide documentation validating their injuries and losses to receive their designated settlement portions. This process takes months in large groups.

The Defendants’ Payment Schedule

Settlement deals may allow defendants to pay out settlements over months or years rather than lump sums. This process draws out compensation timelines.

Potential Bankruptcy Proceedings

If defendants file for bankruptcy, settlements may get tied up for years in bankruptcy court proceedings before plaintiffs see payments.

The Removal of Taxes and Fees

Plaintiffs in mass tort lawsuits don’t receive the total settlement amount of compensation immediately. Instead, you’ll have to wait as contingency fees, medical liens, and taxes get deducted first.

In summary, even after supposed resolution, it takes at least several months and often years for plaintiffs to fully receive their complete share of any damages awarded in a mass tort case. The complexities extend the timeline considerably.

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Review the Time to Resolve a Mass Tort Lawsuit with Our Team

How long does a mass tort lawsuit usually take to resolve? These expansive legal claims can take years or decades to resolve, depending on factors like the size of the plaintiff pool and the amount of evidence lawyers need to gather.

You can learn more about the mass tort process with our team at Zanes Law. Call or fill out our online contact form for additional information.

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