Our goal at the Guardian Legal Network is to make sure you feel confident about your decision to file a mass tort claim. Learn more about what to expect here.
The legal world is a complex web filled to the brim with busy work under mountains of paper with dozens of terms thrown around by a community you have little insight into. This is, by and large, the reason most people don’t pursue litigation. But while that is a common perception, it’s not always the case.
Our goal at the Guardian Legal Network is to hold corporations accountable for their actions. To do so, we give every client the means of fighting against the negligence wrought upon them and claim the justice they deserve.
This blog post will walk you through what to expect should you file a claim with us. We’ll be tackling the overarching process, the necessary documentation, and what the ultimate results will be.
What is a Tort?
The first and foremost question to address is “What is a tort?” A tort is not the same as a criminal case where the government holds an individual accountable for their actions against the law. A tort is a lawsuit where an individual or organization is culpable for their wrongdoing against another party.
You can file a tort if you’ve experienced harm or injury by another party with the expectation they would keep you safe. An example would be a manufacturer failing to disclaim risks for their product (containing carcinogenic chemicals or faulty brakes in a car). These torts can be classified in multiple categories depending on the injuries, such as intentional, economic, property, and dignitary, just to name a few.
The purpose of a tort is to provide relief to victims, hold guilty parties accountable, and prevent similar companies or situations from happening again. Torts filed by an individual can grow much larger into multidistrict litigation should more victims come forth.
One such tort currently underway involves the heartburn medication Zantac after the FDA discovered the drug contained unsafe levels of the cancer-causing chemical NDMA. Another is 3M, where the manufacturer knew their ear plugs were faulty but provided them to the US military anyway, giving veterans hearing issues such as tinnitus.
Timeline & Process
After filing a claim with GLN through the contact form at the bottom of this page or in the upper right “Contact” tab, you will need to provide your immediate information, including:
- Your name
- Contact information
- The case type for your potential claim
A member of the Guardian Legal Network call center will reach out within an hour with questions to help see if you qualify.
The mentioned case type is simply the case you are filing for. Essentially, if you were injured as a result of taking Zantac, your case type would be Zantac. The same logic applies to the other torts GLN covers.
If you qualify for your case type, you will sign a retainer to be represented by one of our attorney partners for their services. They will be the ones representing our case and walking you through every step of the litigation process. Beyond that, they will participate in negotiations, bring the case to trial if necessary, and ensure clients receive the largest settlement possible.
While there may be discomfort in contacting a personal injury lawyer, it is ultimately the best option to take when filing a claim. A personal injury lawyer is capable of honing in on the specifics of your claim, looking for the tiniest details most aren’t trained to observe, all on a contingency basis where you will pay for nothing unless they win your case. This skill set is vital to getting the best result for your claim.
Here are some common questions about timeline and process:
How long does it take to settle a lawsuit?
Settling a lawsuit depends on the specific circumstances of the case with the tiniest of details contributing to the overall timeframe.
How long does it take to reach a settlement?
The average time settlement negotiations is one to three months, though that may vary depending on the circumstances.
Documentation/Information Needs
Documentation is an important step in the litigation process. If the necessary information is mishandled or filed incorrectly, your case could be dismissed entirely. A personal injury lawyer will help identify and handle the needed documentation.
The defendant (the person/party you are suing) will receive a summons, notifying them of your lawsuit, to which all documents will be signed, copied, and filed. The filing requires a fee your litigating firm will pay on your behalf and recover their costs in the settlement or award if they win your case. After the defendant is notified of the case by the court or your lawyer, the litigation is officially underway.
Here are some common questions regarding your first meeting with a lawyer:
What documents do I need to prepare a lawyer?
Letters, pleadings, and directives are the primary documents necessary before meeting with a lawyer and can be prepared without much of their assistance.
What should you expect when meeting the lawyer for the first time?
Questions regarding the nature of your case, the details surrounding it, and ultimately what you want to achieve with you lawsuit.
Compensation
Compensation can come in one of two ways: the first is through a settlement or agreed-upon payment between you and the defending party or through an award from the court should you win the case. The exact amount you will receive from either option varies on multiple factors, from the injury you sustained to if you need ongoing medical attention to how well your case was argued in court.
Much like the projected amount, how long it will take for compensation to reach you depends on various aspects. First comes the difference between a settlement and court winnings. A settlement agrees to dismiss the case with the defendant sending a check to your lawyer, who takes a portion for expenses. The majority is in your hands afterward, the whole process taking a few weeks.
Court winnings, however, take a while in comparison as trials can last for an indeterminate amount of time. Proceedings can last for months, if not years, and can take just as long for compensation to come in but is possibly a larger sum than the proposed settlement. When you receive payment ultimately depends on how you choose to pursue your justice, but your case is officially settled once you do.
Here are some common questions about compensation and settlements:
How long does it take to get a settlement check?
ONce a case is settled the settlement can take four to six weeks to be delivered or possibly longer depending on the case.
What is the difference between a lump sum and a structured settlement?
A lump sum is a payment made all at once while a structured settlement is periodic guaranteed payments over a period of time.
The Guardian Legal Network Guides You Through the Legal Process
The Guardian Legal Network is here to make processing your legal claim as easy as possible. We are dedicated to helping you find the right law firm for your case and navigate the complexities of the legal world.
Navigating the world of law is not an easy task, but it’s our duty to ensure your experience goes as smoothly as possible. Contact the Guardian Legal Network today and pursue the justice you deserve.
References
- “FDA Requests Removal of All Ranitidine Products (Zantac) from the Market.” U.S. Food and Drug Administration. FDA, April 1, 2020. https://www.fda.gov/news-events/press-announcements/fda-requests-removal-all-ranitidine-products-zantac-market.
- Raymond, Nate. “U.S. Judge Cuts $55 Million 3m Combat-Earplug Verdict by over Half.” Reuters. Thomson Reuters, May 25, 2022. https://www.reuters.com/legal/litigation/us-judge-cuts-55-million-3m-combat-earplug-verdict-by-over-half-2022-05-25/.