- Mass torts aren’t the same as class actions.
- Individual claims may retain individual characteristics.
- Different injuries can produce different outcomes.
- Eligibility requirements matter.
- Medical records are crucial.
- Product exposure must often be established.
- Advertising can create unrealistic expectations.
- Settlement structures can vary.
- MDL proceedings can be complex.
- Bellwether trials don’t necessarily determine every case.
- Not every claimant receives the same settlement.
- Litigation can take years. Fees should be explained clearly.
- Case expenses should be explained.
- Medical liens may affect recovery.
- Government benefits may create reimbursement issues.
- Bankruptcy trusts can sometimes interact with claims.
- Prior settlements may affect strategy.
- Defendants may challenge causation.
- Experts can play a major role.
- Evidence preservation matters. Beware “everyone gets $X” advertising.
- Ask whether the firm is actually involved in the litigation.
- Ask how client cases are selected for litigation.
- Biggest mistake: believing a mass-tort advertisement’s headline settlement number represents what an individual claimant will receive.
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