If you’re part of a mass tort or class action personal injury case, you may see the term “global settlement” in communications from your Kansas City personal injury lawyer. In a global settlement, a single defendant, typically a large company or institution, resolves claims brought by multiple plaintiffs in a single comprehensive agreement.
Global settlements are a way to resolve a civil case without going to trial, often involving product liability, defective drugs, or other large-scale harm. You don’t usually see global settlements in other types of personal injury claims, like a slip-and-fall or a car accident, where there is only one injured party.
So, let’s answer your pressing questions: How does a global settlement happen, and how much do I get?
How does a global settlement occur?
Global settlement negotiations are often complex and require input from several experts to determine fair compensation and assess damages. The defendant’s insurance company, typically responsible for paying the settlement, must approve the terms.
Experts commonly involved in a global settlement include:
- Medical experts will calculate future medical expenses and evaluate the long-term injury impact
- Financial experts to assess economic losses, including lost wages and future costs
- Industry specialists to offer insight on product design, standards, or practices
- Private investigators to uncover supporting evidence or locate additional plaintiffs
- Scientific consultants to analyze technical data, product defects, or environmental harm
In some situations, the court may step in and schedule a settlement conference, a meeting designed to help both sides reach an agreement before trial. It’s a way to move the process along, especially in complex civil cases involving multiple parties.
The specific terms of a global settlement are typically confidential. Public disclosure could harm the defendant’s reputation, especially if widespread injury or negligence is involved. To avoid this, all parties may be required to sign a non-disclosure agreement (NDA). An NDA also protects your privacy. If your case goes to trial, personal medical information may become part of the public record, and a substantial award could attract unwanted attention.
Keep in mind: reaching a global settlement is rarely quick. It often involves months of negotiation and coordination among multiple parties.
How long does it take to achieve a global settlement?
Companies agree to global settlements to avoid a trial. A settlement can occur at any time during the litigation process, even after the trial has begun. The negotiation process may take months, as there’s a lot to consider. How much each case is worth, whether to add damages for pain and suffering, and consideration of future damages are all factored in.
There are many voices contributing to the negotiations. Often, each party selects one representative to streamline the process, but even seasoned negotiators require thoughtful consideration to reach a multi-million-dollar settlement.
How much does each plaintiff get in a global settlement?
While global settlements are common in mass torts, they differ from class action cases in how compensation is calculated and distributed among plaintiffs. Global settlements can be divided in a few different ways:
- Equitable: In an equitable distribution of settlement, each plaintiff receives compensation according to how badly they were injured. The class may be divided into tiers, with each tier receiving a certain amount. Dangerous drug cases commonly settle in this manner, as the side effects from the medication may affect individuals differently.
- Equal: Each plaintiff receives the same amount of compensation. This is common in data breach cases, where the damages to all affected are relatively the same, with relatively similar impacts on their lives.
- Chronological: Plaintiffs receive a greater share for filing first, or may receive their settlements first. For example, the defendant may pay out the money incrementally, so those who filed first would be paid from the first batch, and so on.
Protect your rights in complex injury cases
Global settlements can provide meaningful compensation without the delays and uncertainties of a trial, but they’re not always easy to understand or navigate. If you’re involved in a mass tort or class action, it’s important to know how settlements are structured, how compensation is divided once the settlement resolves, and what legal protections apply to your case. An experienced personal injury attorney can help you make informed decisions and advocate for your fair share of the outcome.
Have you been hurt and suffered losses due to the negligence of a consumer products manufacturer or other large entity, and are curious about your eligibility for a global settlement? Contact Langdon & Emison at (866) 931-2115 for a free consultation.