Successful Claimant Engagement with Mass Tort Clients

by | Jul 24, 2023

We recently explained how mass tort law firms can fix their claimant engagement struggles by taking a relationship-based approach to the process. In that post, we suggested firms can avoid these struggles by regularly and proactively communicating with their clients instead of only communicating when they need information from them.

But how, exactly, can mass tort firms communicate with their clients in a way that builds a relationship?

By regularly reaching out to them, even when there is no substantive news to report regarding the mass tort litigation in which they’re a claimant.

Of course, when there is news to report, this news should be delivered promptly with context, next steps, answers to questions claimants are likely to have, and an invitation to contact the firm with questions that haven’t been answered already.

When there isn’t news to report, the texts or emails could simply give updates about procedural developments or remind claimants to complete certain paperwork or continue seeking medical treatment.

Regularly contacting claimants—monthly, bimonthly, or quarterly—through a mix of one-to-many and one-to-one tactics (more on that below) reminds claimants that your firm has not forgotten about them, creates a feeling that their lawyer cares about them, and helps prevent them from thinking your firm has abandoned them, leading them to seek a new law firm to represent them.

Successful claimant communications also require your firm to meet claimants where they are

Unfortunately, it is not enough to simply send communications frequently to your claimants. Doing so would put you ahead of many mass tort firms for sure, but if your claimants aren’t receiving or consuming your communications, they won’t do much good.

Instead, your firm must meet its claimants where they are. This requires your firm to look closely at the demographics of its claimants for each mass tort it is litigating and choose the communications channels they are most likely to favor.

For example, claimants in a hip implant mass tort are likely to be older. They may prefer quarterly phone calls, hard copy newsletters, and to attend live town hall meetings. But claimants in the 3M earplug mass tort are likely to be younger, so they’ll likely prefer low-touch electronic communications and may want to catch a replay of a town hall at their convenience. (Earplug claimants may also have hearing issues that require alternative non-auditory forms of communications). Some mass torts, like the Zantac case, will have claimants whose ages run the gamut. For a firm to effectively reach these diverse claimants, it will probably need to employ a mix of communication channels.  Meeting claimants where they are requires data analysis, plaintiff portfolio segmentation, and the ability to adapt your outreach strategy if and whenever necessary.

Frequent communication shows your clients that you’re thinking of them and that you haven’t forgotten about them

One challenge with litigating mass torts is that it is harder for a law firm to make a mass tort claimant feel their lawyer knows them and is thinking about them than it is for a firm to make a client in a typical personal injury case feel that way. The nature of the latter kind of litigation requires frequent communications between lawyer and client that create personal relationships.

As we noted in our previous blog post, when firms do not maintain relationships with their claimants, they could lose contact with them. If they do, they may be unable to provide those claimants with their recoveries (and take their fees out of those recoveries), they may lose out on future referrals from those claimants, and those claimants might look for another firm to represent them in their mass tort.

Frequent communication that is calibrated to meet claimants where they are and to be in the form most likely to be consumed by them should be a foundational aspect of any mass tort practice.

Even when there is nothing substantive to say in a particular communication, letting your claimants know you’re there for them and that you’re thinking of them can solidify the relationship and ensure your firm is the one they think of whenever they have a legal issue they need help with in the future, or they know someone who does.


Interested in learning more about how your firm can better engage with its mass tort clients? Email us at or call us at 888.681.1129 to arrange an initial consultation.

Read our latest blog post here.

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