You pursued legal action for the injury that you suffered from a prescription drug with one goal in mind: to resolve your case as quickly and as fairly as possible.
Often—even in mass tort cases—this happens through a negotiated settlement. If you were hurt by the defective design, defective manufacturing, or defective marketing of a medication, then you need to know how quickly a settlement can happen.
How Long Does it Take to Settle a Mass Tort Case?
Mass tort settlements will not happen overnight. There are complex issues that must be worked out before a fair settlement can be reached. In order to reach a fair potential settlement:
- Evidence must be gathered. This includes, but is not limited to research and other records from the pharmaceutical company, your medical records, and expert witness analysis and opinion.
- Your lawyer must assess the strengths and weaknesses of your case. The quality of the evidence and the extent of your injuries will be significant factors in determining whether you are likely to succeed at trial.
- Bellwether cases may be tried. These cases are carefully selected by attorneys for both sides and multi-district litigation (MDL) judges as the first cases to be heard about a dangerous drug. While the results of bellwether cases are not binding on other cases, they provide important precedent and provide useful information about the strengths and weaknesses of other claims, the value of claims related to the drug, and the likelihood of success at trial.
The specific amount of time that it takes to settle a dangerous drug mass tort action varies from case to case.
What Can I Do to Help My Case Settle Quickly?
It may feel like your claim is out of your control. The case is complex and it involves many different people and a pharmaceutical company that does not seem to be acting quickly enough. While your lawyer works to make sure that everyone is doing what they are supposed to be doing within a reasonable amount of time, you can help this process along by:
- Providing your lawyer with all of the information you have as soon as possible. This includes, but may not be limited to information such as when you started taking the drug, how often you took the drug, the dosage of the drug you took, when you stopped taking the drug, and what side effects you suffered.
- Keeping open lines of communication with your lawyer. This means answering any of your lawyer's inquiries quickly and completely and providing any new information you find to your lawyer promptly.
It is also important to listen to your lawyer’s advice. Your lawyer will thoroughly explain what he may need from you, what a fair settlement may be and why, and what steps you should take to protect your right to a fair recovery.
Once My Mass Tort Drug Case Settles, How Long Will it Take for Me to Get My Settlement Money?
Once the pharmaceutical company and your attorney (with your consent) have reached a settlement agreement, you will not receive your settlement money immediately. Before a settlement can be dispersed, any medical costs that have been covered in anticipation of being reimbursed by your settlement must be paid. Any other litigation costs that were subrogated must also be paid. Your money will be held in a safe bank account during this process, and your lawyer will keep you up to date on when you can expect to receive your settlement money.
Have Other Questions About Settling a Mass Tort Claim? Our Pharmaceutical Drug Injury Lawyers Have Answers
Mass tort cases are complex and the outcome is extremely important to your future. Our mass tort lawyers understand that you have important questions about how a claim against a pharmaceutical company will work and, most importantly, about how and when you will receive a recovery for the injuries that you have suffered.
We encourage you to learn more about your rights and about how to protect them by contacting us today for an initial, no-obligation consultation. We would be pleased to provide you with a free case evaluation so that you can make informed decisions about what to do to protect yourself after being hurt by a dangerous drug.