Learn about the Litigation Process
Brent Coon & Associates strives to help people deal with the complexities of the legal system as they try to find justice and recovery for the injuries they have wrongly suffered. That means more than just getting them money. It also means trying to minimize the confusion and frustration of dealing with the intricacies and frequent resistance that the legal system brings. We want to do everything we can to effectively keep our clients updated on their claims to the best of our ability. We are always looking for ways to improve our communications efficiently and effectively.
Mass tort litigation is notoriously slow, often spanning years or even decades, due to several interlocking factors. The sheer complexity of the litigation is a primary driver; unlike a single-incident lawsuit, mass torts involve thousands of plaintiffs across multiple jurisdictions, requiring extensive coordination and the navigation of intricate legal frameworks like Multidistrict Litigation (MDL). A significant portion of this time is dedicated to the collection of evidence and experts, as attorneys must gather specific medical records for every claimant and engage top-tier scientific or technical experts to establish "general causation"—the proof that a specific product or action is capable of causing the alleged harm. Furthermore, the process is frequently hampered by stonewalling attempts by defendants. Large corporations may employ "scorched earth" tactics, such as filing endless procedural motions, withholding documents during discovery, or pursuing every possible appeal to exhaust the plaintiffs' resources and delay a final resolution or settlement.
WHY DO MASS TORTS TAKE SO LONG TO RESOLVE?
When thousands of cases are consolidated into one court by the judiciary, it slows the process down.
In any mass litigation, there are two phases - Liability and Damages.
LIABILITY - The first phase is to determine if someone has been negligent. This can be a slow-moving process as it involves a lot of investigation and research. Depositions are requested. Experts are consulted. Evidence is collected. Much of this happens without the client being involved or even required. And in many mass tort litigations, this process can take years.
DAMAGES - In the second phase, the damages are determined. In most cases, this is where the client starts being involved. In most situations, we already have all the information we need from our initial conversation with the client in order to keep their claim moving. Occasionally, additional information is required, such as additional medical records and bills and individual evidence of the use or exposure to the product.
In many of these cases, the updates we are giving you are about progress in the first phase. We want you to be aware of the advances we are making or the hindrances that are slowing things down. So, if this update sounds like we are still in the first phase, that means that the courts have not started looking at your individual claim yet. So, while many of these updates are about progress made for the group, there may not be any significant progress on your specific case yet.
We thank you for your input.
Mass tort litigation is notoriously slow, often spanning years or even decades, due to several interlocking factors. The sheer complexity of the litigation is a primary driver; unlike a single-incident lawsuit, mass torts involve thousands of plaintiffs across multiple jurisdictions, requiring extensive coordination and the navigation of intricate legal frameworks like Multidistrict Litigation (MDL). A significant portion of this time is dedicated to the collection of evidence and experts, as attorneys must gather specific medical records for every claimant and engage top-tier scientific or technical experts to establish "general causation"—the proof that a specific product or action is capable of causing the alleged harm. Furthermore, the process is frequently hampered by stonewalling attempts by defendants. Large corporations may employ "scorched earth" tactics, such as filing endless procedural motions, withholding documents during discovery, or pursuing every possible appeal to exhaust the plaintiffs' resources and delay a final resolution or settlement.
WHY DO MASS TORTS TAKE SO LONG TO RESOLVE?
When thousands of cases are consolidated into one court by the judiciary, it slows the process down.
In any mass litigation, there are two phases - Liability and Damages.
LIABILITY - The first phase is to determine if someone has been negligent. This can be a slow-moving process as it involves a lot of investigation and research. Depositions are requested. Experts are consulted. Evidence is collected. Much of this happens without the client being involved or even required. And in many mass tort litigations, this process can take years.
DAMAGES - In the second phase, the damages are determined. In most cases, this is where the client starts being involved. In most situations, we already have all the information we need from our initial conversation with the client in order to keep their claim moving. Occasionally, additional information is required, such as additional medical records and bills and individual evidence of the use or exposure to the product.
In many of these cases, the updates we are giving you are about progress in the first phase. We want you to be aware of the advances we are making or the hindrances that are slowing things down. So, if this update sounds like we are still in the first phase, that means that the courts have not started looking at your individual claim yet. So, while many of these updates are about progress made for the group, there may not be any significant progress on your specific case yet.
We thank you for your input.