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An In-depth Guide to Mass Tort Marketing

Mass tort marketing is essential for law firms to reach potential clients. It is an effective way for them to connect with those injured by a product or medical device and may be eligible to join in filing a claim. By utilizing this type of marketing, law firms can significantly increase their visibility and attract more new clients. 

Mass tort campaigns are particularly effective at reaching people unaware of the possibility of filing a lawsuit. It’s also a more direct and cost-effective way of getting potential clients than traditional marketing methods, such as television ads. In some mass tort cases, clients actively seek a law firm to represent them.

Most law firms spend about 65 percent of their budget on online marketing. Interestingly, the American Bar Association (ABA) found that only 46% of law firms have a marketing budget in place. 

This approach often results in a poor marketing strategy that doesn’t provide beneficial results. This article will discuss everything you must know about mass tort cases and how to craft an effective marketing strategy.

Key takeaways

  • Mass tort cases are different from class action lawsuits. In mass tort cases, plaintiffs are treated as individuals, and compensations depend on their individual claims.
  • Mass tort marketing and law firm marketing differ in several ways, the most significant being the scope of the target audience.
  • Mass tort marketing can include traditional marketing, content marketing, and digital marketing.

What are mass tort cases?

Mass tort cases involve an individual or group pursuing a lawsuit against a single defendant or group of defendants. These cases often involve complex legal issues requiring specialized knowledge and resources. 

In a mass tort case, hundreds or thousands of individuals may have the same claims and join the same lawsuit. These lawsuits aim to secure compensation for damages suffered. It can be done to bring to justice parties deemed responsible for the damages.

Mass tort cases involve injuries or illnesses caused by a product, such as drugs or medical devices. It can also arise from a company’s negligence. By joining forces, the claimants can share costs and legal strategies, making proving the defendant’s liability easier. 

In addition, the sheer number of claimants can offer a great deal of clout when negotiating with the defendant. It helps secure a favorable outcome for the plaintiffs.

Mass tort claims vs. class action lawsuits

Some people confuse mass tort claims with class action lawsuits. Both mass torts and class action lawsuits are typically used to hold corporations or organizations accountable for their wrongdoings. They are also both used to resolve a large number of similar cases efficiently and cost-effectively.

While they are both civil actions involving a large group of plaintiffs suing a defendant, they have differences.

The primary difference between mass torts and class action lawsuits is how the plaintiffs are grouped. In a class action suit, all the plaintiffs are lumped together and treated as one collective party. Each person is entitled to a portion of the collective settlement.

In a mass tort lawsuit, each claimant is treated as an individual and entitled to a separate settlement. The outcome of the case involves everyone to whom the ruling applies. This includes people who weren’t involved in the filing. That’s why the settlement for a class action lawsuit per individual is often smaller than for mass tort clients.

It’s also more difficult for the plaintiffs to opt out of a class action suit. In a mass tort, plaintiffs can drop out without much hassle if they don’t want to pursue their case further.

Examples of Mass Tort Cases for 2023

Here are some ongoing mass tort cases you should know about in order to target mass tort clients. 

3M defective earplugs

The mass tort case against 3M revolves around its Combat Arms Earplugs Version 2 (CAEv2), issued to military personnel from 2003 to 2015. The company promoted the design as having dual purposes. One side allows users to hear sounds, while the other protects against damaging noises. The mass tort clients claim the design of the earplugs is defective. 

The earplug design makes it loose in the ear, which allows sound to enter and damage your hearing. They can cause hearing loss and tinnitus. The lawsuit alleges that 3M was aware of this issue and failed to take action to correct it. 

Additionally, the company did not inform the military or consumers about the potential for hearing loss or tinnitus. 

As a result of the defective earplugs, veterans and other military personnel have suffered from hearing issues, which can have long-term effects. 3M has since settled the lawsuit for millions of dollars. Veterans who have suffered from hearing loss caused by earplugs are now eligible for compensation.

In August 2022, the court permitted the continuation of the case after denying 3M’s subsidiary company, Aearo Technologies’ bankruptcy application. The company received a sanction for its abuse of the litigation process. The judge ruled that 3M allowed the litigation to proceed without informing the court that Aearo was responsible for the error. They only disclosed it when their subsidiary filed for bankruptcy. 

NDMA in Zantac

In 2019, FDA testing found that Zantac, a treatment for heartburn and acid reflux, had unsafe N-Nitrosodimethylamine (NDMA) levels. This led to several class action lawsuits against Sanofi, which manufactured the drug.

The plaintiffs claimed they had suffered harm from exposure to the carcinogen. They argued that Sanofi had failed to properly test the drug or disclose the presence of NDMA in their products. They also argued that Sanofi knew about the carcinogen’s presence but failed to warn consumers about the potential health risks. This resulted in thousands of people being exposed to carcinogens and suffering from various medical conditions.

Sanofi disputed the claims made by the plaintiffs in the mass tort case. They argued that the levels of NDMA in their products did not pose any significant health risks. The company said plaintiffs had not provided enough evidence to support their claims of exposure to the carcinogen.

A judge dismissed thousands of Zantac mass tort cases last December 2022, claiming the lack of substantial evidence. It’s unsure whether mass tort lawyers will take on new cases. 

Philips CPAP and mechanical ventilator

The recent mass tort case against Philips Healthcare involved the company’s CPAP and mechanical ventilator devices.

In 2021, Philips recalled its CPAP and mechanical ventilator machines. The recall happened after it was found to release toxic and carcinogenic debris into the patients. 

The plaintiffs allege that the devices have a design defect that has caused them to fail and malfunction, resulting in serious personal injury to patients. The plaintiffs also allege that Philips Healthcare failed to warn consumers of these risks, which caused them to be unaware of the danger.

The mass tort claimants seek damages for medical expenses, emotional distress, lost wages, pain and suffering, and punitive damages. Philips Healthcare motioned to dismiss the case, claiming the machine caused no apparent harm. The company offered to repair or replace the device for free.

Mass Tort Marketing vs. Law Firm Marketing

Both mass tort marketers and law firm marketers have a role in helping clients. But which of these two approaches is the better option?

Understanding the differences between mass tort marketing and law firm marketing is essential. 

Mass tort marketing involves identifying members of the public who a product, drug, or medical device may have injured. It reaches a much larger audience, often nationwide or even worldwide. They have the role of alerting them to the possibility that they may be eligible for a class action lawsuit.

Law firm marketing, on the other hand, focuses on advertising the services of a particular law firm to attract clients. The reach is more local. 

Another difference is in the goal. Mass tort marketing leans on consumer education, using various media, including television, radio, and social media.

On the other hand, law firm marketing focuses more on increasing brand awareness, generating leads, and ultimately driving conversions.  

When it comes to deciding which approach is better, it largely depends on the type of case. For example, mass tort marketing is often the best approach for cases that involve a large group of people injured by the same product or drug. 

In these types of cases, mass tort marketing can be effective in reaching a large number of potential claimants. The message can be spread through mass media, internet ads, and other methods. 

Law firm marketing is more suitable for an individual case. It allows the law firm to promote its services directly to potential clients.

Types of Mass Tort Marketing

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Before launching your mass tort marketing plan, identify your target audience. Consider factors such as age, gender, location, and income level to ensure your campaign is most effective for the case.

Here are some marketing strategies that allow lawyers to get more mass tort leads.

Traditional marketing

Traditional marketing for mass tort cases typically involves creating a website devoted to the legal issue. It can also include running advertisements in print, radio, and television media and sending out mailers to potential clients. Law firms may also leverage billboards, radio interviews, and attending community events to spread awareness of the case. 

Setting up informational seminars and distributing pamphlets is an effective way to reach those who want to file a claim. 

All of these strategies increase public awareness and provide potential claimants with a way to contact experienced legal professionals. Lead generation using this tactic is best for reaching older people who rarely go online. 

Content marketing

Content marketing in mass tort marketing involves creating content, from articles to social media content. Search engine optimization (SEO) is part and parcel of this marketing strategy. 

Crafting a content marketing strategy for mass tort cases requires a comprehensive approach. Understand the goals of the brand and its target audience. When developing a content marketing strategy, create engaging, informative, and targeted content that resonates with the target audience. 

Once the message reaches the target market, giving them a clear call to action (CTA) is important. Ensure your message is concise, clear, and compelling, and invite your target audience to contact you for more information.

An effective content marketing strategy should include thorough keyword research and analysis, as well as an SEO audit. A  comprehensive review of the current content landscape is also a must.

Consider the various distribution channels, such as social media, email, and blogs. Employ various tactics to reach the target audience and successfully promote the brand.

Finally, evaluate the content marketing strategy’s success and adjust it as needed to maximize the results.

Digital marketing

Digital marketing efforts are best if your target audience involves the younger generation. You can leverage social media marketing, pay-per-click (PPC) advertising, or Google Ads. Digital advertising offers a powerful platform for reaching your target market. 

Use this strategy to maximize the reach of your mass tort marketing campaign. Utilize email, SEO, and social media platforms like LinkedIn to increase the visibility of your message.

Social media can also reach potential clients with tailored messages about a mass tort case. Creating and managing an official website with regular updates can also be beneficial. Setting up third-party review sites can boost the visibility of a mass tort case and generate additional leads.

Overall, an effective digital marketing strategy for a mass tort case should align with the case itself. Implementation should drive awareness and generate leads.

Pro Tip

Combining marketing campaigns can help widen your reach and generate more leads. These strategies, when done right, allow law firms to diversify their demographics. Ultimately, this leads to better conversion. 

Tips for Mass Tort Marketing

Mass tort marketing is unique, requiring law firms to adopt a more specific approach. 

Identify mass tort marketing services

Most marketing services will provide bespoke marketing solutions to law firms. Some of the most commonly offered services are the following:

  • Call center services: After a successful lead generation campaign, law firms can get call center services to answer the queries of mass tort leads. The call services typically include call forwarding, appointment scheduling, and case triage. Since the leads can come from anywhere worldwide, these services are available 24/7. 
  • Intake services: Law firms must determine if the clients requiring representation have a case. The intake process involves determining if these clients have enough proof or should seek help from a different law firm. 
  • Retainer services: Marketing agencies can also offer retainer services. They will take leads from initial contact until they’ve posted the leads to the customer relationship management (CRM) platforms. 

Qualify leads

Mass tort marketing is an effective way for law firms to find and retain clients, but it can be difficult and time-consuming. 

Qualifying leads is an essential part of this process. It ensures that only those individuals likely to benefit from the law firm’s services are targeted. By researching potential leads, law firms can determine if they have a valid case and fit the criteria to pursue it successfully. 

It also allows law firms to create customized marketing messages and develop an understanding of their target audience. Qualified leads enable law firms to craft an effective marketing strategy tailored to their needs and goals.

Stay updated

Law firms should stay updated on mass tort cases to improve their marketing efforts. This is because mass torts often involve numerous claimants. Law firms must assess these claims quickly and accurately. 

More importantly, mass torts often involve complex legal issues requiring a deep understanding of the law. Having up-to-date knowledge of mass torts can help law firms provide better legal advice and better represent their clients.

In addition, staying updated on mass tort cases can help law firms devise better marketing strategies and tactics. Being aware of the current claims and trends in the legal industry can help law firms better target their marketing efforts. It paves the way for more effective marketing campaigns. Knowing which mass torts are trending enables firms to focus their marketing efforts where they can have the most significant impact.

It’s critical for building a strong reputation in the legal community. Demonstrating expertise in the field and understanding the legal landscape help law firms establish credibility and trustworthiness among potential clients. This, in turn, can help law firms increase their client base and expand their reach, resulting in greater success for their mass tort marketing efforts.

Market Your Mass Tort Law Firm With Grey Smoke Media

Mass tort marketing can also be used to engage with potential clients personally. Law firms can build trust and encourage people to consider their services by providing helpful resources and information. 

In addition, law firms can use mass tort marketing to understand their target audience better and create campaigns tailored specifically to their needs.

Getting the best results depends on the effectiveness of the strategy. Your law firm’s mass tort marketing efforts should address the evolving needs of the legal industry. The best way to go about this is to call on a reputable marketing firm that will place your specific needs above the rest. We at Grey Smoke Media are committed to doing just that. We look forward to hearing from you.

FAQs on Mass Tort Marketing

Mass tort marketing is a vitally important field in the world of legal marketing, but it comes with its unique set of challenges. 

Most notably, mass tort marketing requires a deep understanding of the legal landscape. Marketers must have the skill to reach many potential claimants effectively. Due to the specialized nature of mass tort cases, the marketing team must be able to differentiate and explain complex legal matters in clear, concise language. At the same time, they must convey the importance of the situation to potential claimants. 

The marketing team must be prepared to handle any legal or ethical challenges that may arise. These must be considered mass tort cases that often involve sensitive issues requiring careful consideration and strategic decision-making.

A mass tort lead cost depends on the case itself. For example, leads for 3M defective earplugs cost $1,200 per lead. Zantac leads, on the other hand, can range from $1,300 to $1,700 per lead.

Mass tort leads may be difficult to obtain. However, a few key strategies can help law firms and other organizations increase their chances of success. 

Leveraging digital advertising campaigns is an effective way to target potential leads. It allows firms to reach a large audience cost-effectively. Forming relationships with other firms and organizations can lead to more leads as referrals come in. 

Optimizing website content and utilizing other SEO tactics can also help firms increase their ranking on the SERPs. It’s critical for generating leads.

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