A successful mass tort marketing plan defies easy metaphor. An ideal one attracts the potential plaintiffs with the highest chances of successful cases at the lowest cost to the law firm or firms without attracting too many false positives. To ensure that, a strategy must clearly:
- Creating the Ideal Claimant Profile
- Identify Highest-Potential Traffic Sources
- Establish Authentication and Validation Pipeline
- Design and Implement Landing Page/Lead Capture System
- Prioritize KPIs and Iterate
Creating the Ideal Claimant Profile
No matter how big the eventual claimant pool, the best mass tort marketing campaigns start from one: the ideal lead plaintiff or claimant. Thanks to advances in targeting, the level of granularity is higher than it has ever been. In marketing, it’s called an “ideal customer profile” but in mass torts, the below are key elements of an “ideal claimant profile”.
| Profile Element | Examples | Rationale |
| Demographic Information | Gender, age, amount of education, estimated income. | These data points all correlate with the likelihood that a person has experienced an injury due to a specific product, drug, or device. |
| Case Facts | Date of injury or injuries suffered, any potential modifications to the device or changes in treatment compared to approved usage, the extent of the injury, etc. | These factors all dictate the difficulty level of a potential plaintiff’s case. Where possible, these can be selected for using careful landing page design and copywriting. |
| Unique factors | Terminal medical conditions, family status, age (again), etc. | Defendants like to “pick off” plaintiffs that are most likely to settle in order to delay bellwether cases and keep victims and their attorneys from obtaining the remedy their case merits |
Extending the ICP to Traffic Sources
Once the who is established, a mass tort campaign moves on to the where. For as wide a field as people who have been injured, the viable options for marketing channels can span online media, pay-per-click advertising, social media, television and even magazine ads. Below are some common demographic characteristics among popular options for mass tort advertising:
| Channel | Age | Gender | Education | Income | Other Characteristics |
| Podcasts | 18-54 (strongest 25-44) | Slight male skew (54% M, 46% F) | Often higher education | Middle to upper-middle | Tech-savvy, early adopters, interest in specific topics |
| Radio | All ages (strongest 35-64) | Fairly even | Varies widely | All levels | Local focus, commuters, varies by format |
| Broad (strongest 25-54) | Slightly more female | Diverse | Diverse | Wide reach, varied interests | |
| Strong 18-34, growing 35-44 | Slightly more female | Varies | Middle to upper-middle | Visual content, trend-focused | |
| Primarily 25-54 | Fairly even | Higher education | Middle to upper | Professionals, B2B focus | |
| TikTok | Very popular 16-24, growing 25-34 | Slightly more female | Varies | Varies | Trend-focused, creative content consumers |
| Strong 18-49 | Fairly even | Tends to be more educated | Varies | News-focused, politically engaged | |
| PPC | Varies widely | Varies | Can be targeted | Can be targeted | Tech-savvy, active internet users, intent-driven |
| TV Ads | All ages (traditional TV stronger 50+) | Fairly even | Varies widely | All levels | Younger audiences (18-34) more likely on streaming services |
There are several takeaways from these channels: the pricing is not yet included, there is a large amount of customization possible on nearly every platform and what works for a given mass tort marketing campaign will largely depend on granular research of the platforms. As a starting point, however, one can use the applet below to input various demographic details from an ICP and find which channels are worth researching.
Marketing Channel Recommender
Establishing an Authentication and Validation Pipeline for Claimants
Too many lead generation campaigns focus on the number of potential claimants as a key performance indicator when they have yet to be properly vetted. Depending on the campaign scope, it is entirely reasonable to set up an in-house processing system that transfers leads from campaign sources to intake to one’s Client Relationship Management system (CRM).
Many firms have moved away from handling this stage of the process themselves. In those campaigns, being sure to incentivize leads that most closely match the ideal claimant profile created earlier in the process is crucial, whether handled in-house or through a law firm lead generation service. Otherwise, there are significant risks, including:
- Insufficient or Improper Documentation: Lack of medical records, exposure evidence, or other crucial documentation necessary to establish a valid claim.
- Prior Legal Representation: Leads who have already contacted or retained another attorney for the same issue, potentially complicating the intake process.
- Statute of Limitations Concerns: Cases where the incident or diagnosis occurred outside the applicable statute of limitations for the specific mass tort.
- Failure to Meet Case-Specific Criteria: Each mass tort may have unique requirements related to:
- Age range of affected individuals
- Timeframe of exposure or use of the product
- Specific injuries or medical conditions
- Geographic location
- Duration or frequency of product use
- Inability to Prove Causation: Leads lacking a clear connection between the product or incident and their alleged injuries.
- Minimal Damages: Cases where the extent of injury or damages may not justify the cost of litigation.
Sometimes seeing the differences in cost helps explain why false positives can be so pernicious when establishing a mass tort lead generation pipeline. We’ve included a calculator below; feel free to update the numbers based on recent campaigns and false positive results.
Campaign Information
False Positive Information
Designing and Implementing High-Converting, ABA-Compliant Landing Pages
It may seem odd to have worked backward from who would make for a successful case to an ICP and then stopped at the audience. The missing element is the landing page, the filter that removes the wheat from the chaff of people interested in learning about the mass tort case being advertised.
Landing pages are systems designed to funnel people from a strong headline to benefits and then a clear call-to-action (CTA). More specifically, elements of a successful landing page include:
| Component | Reason | Example | Application to All Mass Torts |
| Up to Date Lawsuit News | – Educate potential claimants
– Show niche expertise and awareness |
– Reclassification by relevant authorities
– Recent court rulings and news |
– Stay current on regulatory changes
– Monitor court decisions across all relevant jurisdictions – Report on scientific studies related to the tort |
| Payout Information | – Provide valuable, incentivizing information for leads | – Average settlement amounts
– Range of payouts (base to maximum) |
– Research and present settlement trends for the specific mass tort
– Highlight any notable large settlements or verdicts |
| Recent Case Examples | – Build trust with a track record of success
– Highlight relevant local payouts |
– Specific court-ordered payments
– Large settlement offers |
– Showcase successful cases across different states
– Emphasize cases that set precedents or reflect current legal trends |
| Selective Intake Form | – Filter out potentially irrelevant leads
– Streamline the intake process |
– Documented diagnosis
– Product used – Timing within statute of limitations – Frequency of product use |
– Customize questions for each specific mass tort- Include key qualifying factors like:
– Relevant medical diagnoses – Exposure to product/substance – Timeframe of use/exposure – Severity of impact |
Systems, landing pages included, must be carefully designed and tested frequently to ensure optimal outcomes. Yet without having the data and KPIs addressed above, finding what to optimize can be a fool’s errand.
Optimizing Landing Pages for Mass Tort Campaigns
When creating landing pages for mass tort marketing campaigns, follow best practices and be ready to continuously refine your approach. Here are some key considerations:
Essential Landing Page Elements
To maximize the effectiveness of your landing page, include these critical components:
| Clear target market identification | Concise bullet points highlighting benefits |
| Compelling headline | Prominent call-to-action (CTA) button |
| Emphasized crucial information (using highlighting or bold text) | Estimated time to complete the intake form |
Iterative Improvement through A/B Testing
There is no perfect first landing page, so be willing to change various elements. To enhance both conversion rates and lead quality, consider implementing regular A/B tests:
Headline Variations: As headlines significantly impact page success, prioritize testing different versions. Aim for at least 100 unique visitors per variation to achieve statistical significance.
Form Components: Experiment with the amount of information collected upfront. While fewer fields may increase lead volume, it could affect quality. Test form variations with a minimum of 100 individual visitors.
Bullet Point Metrics: Strike a balance between providing informative data and avoiding information overload. Evaluate bullet point effectiveness with at least 150 unique visitors.
Remember to assess results not only in terms of lead conversion rates but also by considering the quantity of onboarded cases or their potential settlement value. The following are the three major metrics firms need to track in order to maximize landing page value:
- Number of form submissions – Especially when cross-referenced with landing page visits, provides the clearest window into landing page effectiveness.
- Case conversion rate – The number of cases from a given set of form submissions; will establish if the screening criteria are stringent enough for a firm’s needs.
- Time on Landing Page – “Stickiness” of visitors helps establish whether or not the material is resonating with the target audience, regardless of whether they meet the form criteria.
Maintaining ABA Compliance
For mass tort campaigns, particularly those involving Talcum Powder lawsuits, ensure your advertising remains compliant with ABA regulations:
| Risk Factor | ABA-Compliant Alternative |
| Claiming expertise or specialization | Claim and establish experience in similar types of cases |
| Promising to obtain the “highest” or “most” regarding case outcomes, even if it is true. | Post actual case values when possible while ensuring to mention that they represent unique circumstances |
| Failing to Include Proper Identification | Include the firm sponsoring the campaign with office location and contact information where required by state or national ABA regulations. |
- Avoid claiming expertise or specialization unless properly accredited.
- Refrain from using superlatives like “highest” or “most” when describing case outcomes.
- Include appropriate attorney identification and contact information as required by local regulations.
To see it in action, here is an example of a compliant headline:
“Contact X&Y Law Firm and See if You are Entitled to Significant Compensation”
By following these guidelines and continuously refining your approach, you can create effective, compliant landing pages that drive results for your mass tort marketing campaigns.
Prioritize KPIs and Iterate
At this point, the key performance indicators for a given campaign should be apparent given the goals for each stage of the funnel: traffic, landing and lead capture; and lead verification and authentication.
Firms who have followed the steps in order have already begun to iterate: landing pages are the most structured part of a lead generation campaign with a full set of best practices. Moving beyond that, there are several areas that can turn up potential areas to maximize ROI outside of the landing page:
| Metric | Notes |
| Average Case Dollar Value | Segmenting dollar values of cases by marketing channel is both granularly feasible and an important way to maximize ROI |
| Cost per Onboarded Case | The bottom-dollar figure that measures how much an entire mass tort lead generation system costs per actual case with a signed retainer. |
| Number of Clicks and Cost Per Click | Measures market responsiveness; lower numbers may require testing new channels |
Bottom Line: Mass Tort Marketing in 2024
Each element of a mass tort campaign requires different skill sets and experience. In 2024, firms that fail to account for media buying, campaign strategy, landing page best practices, and stringent vetting are unlikely to make the most of their marketing efforts. Some prefer to outsource to firms that specialize in maximizing the potential at each stage of the funnel, ensuring that firms can focus on converting viable leads to signed cases.
Injury Case Claims has successfully brought more than 30,000 mass tort lawsuits to partner firms and has been in the mass tort lead generation industry since 2010. We believe strongly enough in the quality of our leads that we offer free replacements for unqualified leads within 7 days. Click here for a mass tort campaign quote or to learn more.
