Mass torts represent a strategic opportunity for law firms to expand their practice and achieve significant revenue growth. However, these complex cases require careful evaluation to ensure a successful outcome. At MTS, we specialize in helping firms navigate the intricacies of mass tort litigation, from intake to settlement. Below, we break down seven critical factors every firm should assess before diving into a mass tort.

1. Understand the Life Cycle of the Tort

Mass tort cases progress through distinct stages, each presenting unique challenges and opportunities. Identifying where the tort stands in its life cycle is crucial:

• Early Stage: Risks are highest, as strategies are still being formed and the scope of the case remains uncertain. However, acquisition costs are lower, and early entry can lead to significant returns if the case is successful.

• Mid-Stage: With an MDL established and litigation strategies solidified, risks decrease but acquisition costs rise. This stage offers a balanced entry point for firms.

• Late Stage: As cases near settlement, risks are minimized, but acquisition costs reach their peak. This stage is ideal for firms seeking lower risk and quicker resolution, albeit at a higher cost.

2. Assess the Risks

Mass torts demand substantial resources and financial investment. Before committing, firms should carefully evaluate their tolerance for risk and budget accordingly. Strategic planning and sound financial management are key to navigating these high-stakes cases successfully.

3. Evaluate the Injuries

The nature and extent of the harm suffered by claimants play a critical role in determining the viability of a mass tort. Understanding the impact on claimants’ lives helps establish the potential damages and strengthens the case for litigation. Ensure you have a clear picture of the causation and severity of injuries before proceeding.

4. Consider the Volume of Claimants

The success of a mass tort is often tied to the number of claimants involved. A high claimant volume can amplify public awareness and pressure defendants to settle. Additionally, larger groups of plaintiffs reduce the likelihood of prolonged litigation, as defendants may prioritize cost-effective resolutions.

5. Monitor Case Attrition

Case attrition—when cases drop out or are dismissed—can undermine the viability of a mass tort. High attrition rates are often caused by misaligned or overly broad intake criteria. To minimize attrition, establish stringent, up-to-date criteria tailored to the specific tort. At MTS, we work with top litigators to ensure only viable cases move forward, reducing attrition and enhancing outcomes.

6. Align With Reputable Litigating Firms

Collaborating with experienced firms that have a track record of success in mass torts can provide a significant advantage. These firms bring valuable insights, refined strategies, and a deep understanding of the nuances involved in mass tort litigation. Their expertise also ensures compliance with legal and regulatory standards, from advertising to intake.

7. Evaluate the Evidence

Sufficient evidence is the backbone of any mass tort. If your firm is handling litigation, ensure you have the infrastructure to manage and organize large volumes of evidence effectively. Retaining credible expert witnesses—such as medical professionals, scientists, or industry specialists—is also crucial for building a strong case.