How does a mass tort claim work, from first question to outcome?

Before you talk to anyone

Write down what you remember: the product, when you used it, your diagnosis, and the doctors who treated you. You don't need records to start. A firm will tell you which records it needs and can request them with your written permission.

The free case review

A case review is a first look by a law firm, or by an intake team working for one. Expect questions about:

• The product and the dates you used it
• Your diagnosis and when you received it
• The state you live in, since state law affects deadlines

A review isn't a promise that a firm will take your case. Saying no at this stage costs you nothing.

If a firm offers to take your case

The firm will send a written agreement, called a retainer or fee agreement. Mass tort firms generally work on a contingency fee, which means the fee is a percentage of any money recovered.

Under the American Bar Association's Model Rule 1.5, which state rules are based on, a contingency agreement must be in writing and signed by you. It must explain:

• The percentage the lawyer receives if the case settles, goes to trial, or is appealed
• Which expenses are deducted from any recovery
• Whether expenses come out before or after the fee is calculated
• Any expenses you'd owe even if you lose

Read the agreement before you sign, and ask about anything that isn't clear.

Filing your case

The firm files your lawsuit in the court it chooses. If a federal multidistrict litigation (MDL) exists for the product, your case may be transferred into it for pretrial work.

You may be asked to complete a fact sheet, a standard questionnaire about your use of the product and your injuries. Answer it accurately and completely, since it's often signed under penalty of perjury.

While the case is pending

Mass tort cases can take years. During pretrial work, lawyers exchange evidence, the court rules on expert testimony, and a few bellwether cases may go to trial. Your firm should tell you about major developments, and you can ask for an update at any time.

How a case ends

A case ends in one of three ways:

• Settlement: the company agrees to pay, often through a program with rules for who qualifies and how amounts are set
• Dismissal: the court ends the case, for example after ruling that key expert evidence can't be used
• Trial: a jury or judge decides

If you receive a settlement offer, you decide whether to accept it, with your lawyer's advice. At the end of a contingency case, the firm must give you a written statement showing the outcome and how any payment was calculated.