Resolution

A mass tort litigation can conclude with a global resolution, meaning all claims against a defendant are settled at one time. In order to determine damage amounts, a committee of attorneys is assembled to formulate the structure by which claims are evaluated. Each claim is assessed individually based on its own specific merits, and is submitted to a neutral third party for review. An appointed Special Master (usually a former attorney or judge) oversees the review process and ensures that allocations of awards are fair and justified.

In some instances, a defendant may take a firm-by-firm approach to settling open cases. This allows the defendant and the individual firm to negotiate the firm’s particular cases separately from all the others in the litigation. When this manner of resolution is employed, a firm’s relationships and reputation play a heightened role in their negotiation power and the settlement opportunities available.

Sometimes a plaintiff’s extraordinary injury warrants separate negotiation and settlement. Our lawyers’ have a keen ability to analyze and assess the merits of a claim. We can help identify those unique situations and employ our creative resolution strategies to ensure a justified outcome.

When defendants are unable to cover for the liabilities against them, they may opt to file for bankruptcy. In this case, injured parties ultimately become unsecured creditors of the company.  Our lawyers are familiar with this turn of events. We have experience pursuing settlements through the bankruptcy court system, often appearing in an official capacity, to help protect the rights and interests of our clients.