This article was co-authored by Madison Donaldson, Associate Attorney and Marc Massey, Quality Assurance Intake Manager.

Addressing Client FAQs

We serve clients of all ages, backgrounds, and locations. However, many share similar questions about their cases and the litigation process, which we aim to address in this article.

I've signed my contract, now what?  

We receive cases from many different sources. As such, our first step is always to run everything through Wagstaff Law Firm's rigorous Intake/Quality Assurance (QA) Process. Our team of Intake Coordinators will review your file to make sure we have everything we need to start working on your case. They make sure that all your forms are properly filled out, signed when necessary, and that the information you provide is detailed enough for us to make a preliminary decision on whether you have a viable claim. The information gathering process can be tedious and often involves lengthy phone calls. However, it is a vital step in setting your case up for success. 

Why do you need all this information anyway?

In order for us to build a strong case for you, we need a lot of details; the who, what, when, where, and why of your claim. We need to know what cause, extent, and timing of your injury. Our cases frequently involve a defective product or exposure to a chemical or toxic substance. Thus, we also need to know the details surrounding your exposure. Most of this information must come from you since we were not present when you were injured; we need your help to learn your story. 

But I have already given you this information, why do I have to fill out another form?

Once your file passes our Intake/QA review, it then moves to the Case Management team which includes our Legal Assistants, Litigation Managers, Paralegals, and our partners at Torticity. Our Case Management team will gather and review your medical records. They will also begin working to gather any evidence we might need about your injury. Throughout this process, the Case Management team will ask for additional information to ensure we have the most up-to-date information regarding you and your claim. 

Additionally, the court or the defendants may require us to gather written declarations for submission. These can take the form of a Plaintiff's Information Sheet, a Plaintiff's Fact Sheet, or a sworn affidavit. These documents usually ask for the same information you have already provided but are required to be submitted on an agreed upon form. Our firm will do everything we can to help you quickly and adequately complete these documents but the form will require a recent signature. 

Will my case go to Court? Will I have to go to Court?

Many factors determine whether your case will be filed in court and when. After filing, even more factors influence whether the case will proceed to trial. While your attorneys cannot guarantee a trial or its outcome, our firm is committed to transparent communication throughout the litigation process. We always consider and respect your preferences regarding whether to go to trial and will never take action without first consulting you. 

Are class actions and mass tort claims the same thing? 

No – Mass tort claims are similar to class actions, but one of the key differences is that in mass torts, you are treated as an individual, not part of a class. Our founder, Aimee Wagstaff, explains the difference between mass tort and class action in much more detail here - https://www.wagstafflawfirm.com/blog/whats-the-difference-between-mass-tort-and-class-action-2. 

When do I get my money?

To being with, as with any lawsuit, there are no guarantees of success or settlement. Beyond that, it's difficult to say when any resolution will be reached. Most large mass tort cases take several years from start to end, meaning from the time the first clients are identified, through gathering evidence, negotiations with defendants, trials, appeals, and finally settlement discussions. Every mass tort is different though and each has its own timeline. You may have started your case near the beginning of the long process, or you may have come onboard towards the end. When you ask someone at our firm how long your case is going to take we will give you a transparent answer and discuss the status of the litigation but we cannot give you a firm time frame. 

Why does this take so long?

There's a lot of time and hard work that goes into each litigation. Each tort takes a different path, very few look the exact same. However, our cases all have similar steps that must be taken. For an explanation as to these steps and the length of a lawsuit please see https://www.wagstafflawfirm.com/how-long-does-a-lawsuit-take.

Who is Torticity and why do they keep calling me? Am I being scammed?

We have partnered with Torticity to assist with many of our pre-litigation case management tasks, including gathering and reviewing medical records, obtaining any additional documents we need from you, and providing you with periodic case updates. If you receive a call or email from Torticity, it is important that you respond promptly. We understand that there are many bad actors and scams out there, so if you are ever unsure that the person calling you is legitimate and works with us, feel free to call us directly at (303) 376-6360. Torticity works in the same case management system as we do, so we can see right away if the call you received came from them.

What else do you need from me? How can I be a good client?

As your attorneys, we are going to do all the hard work for you, but we are going to need your participation from time to time along the way. Please respond promptly to our calls, letters, and emails. There may be important deadlines throughout the process, and your failure to respond in time could lead to the dismissal of your case. There may be times when it seems like we're asking you questions that you previously answered. This is because we need to ensure that we have accurate and up-to-date information so that we can built the strongest case for you. Finally, if any of your contact information changes, please let us know immediately by calling us or emailing us. It's really hard to represent you if we can't get in touch with you.

Contact Wagstaff Law Firm

If you have additional questions we haven't addressed, please don't hesitate to contact our office. We are always happy to hear from our clients and to answer their questions.