Settlement Alerts:

$9,250,000 Defamation Case Win Against The New York Times 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

$9,250,000 Defamation & False Light 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

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Mass Torts Lawyer in Kingwood

Mass Harm, Individual Recovery

Understanding Mass Torts and Your Rights

Mass torts involve many injured people who have been harmed by the same defective product, dangerous drug, or hazardous condition, and residents of Kingwood, West Virginia may find themselves facing such harms. This guide explains how mass tort proceedings work, what distinguishes them from class actions, and how filing alongside others can help individuals pursue recovery while preserving individual case facts. If you or a loved one have been injured by a pharmaceutical, medical device, or consumer product, this overview describes the legal processes, timelines, and practical steps you can take to protect your rights and pursue compensation in Preston County and beyond.

Mass tort claims often involve complex investigations, coordination with many other claimants, and strategic use of medical records and expert testimony, and Kingwood residents seeking to understand their options should know what to expect. This paragraph outlines the types of injuries commonly seen in mass tort actions and how coordination across similar claims can create pressure for fair settlements while still allowing each injured person to pursue their own individualized damages. We also describe typical timelines and common obstacles, so readers in Preston County can make informed decisions about moving forward with a claim after being harmed by a defective product or dangerous medication.

Why Mass Torts Matter for Injured Individuals

Mass tort claims give people harmed by the same product or practice a way to pursue accountability and compensation while maintaining the individuality of their injuries and losses. By coordinating claims, plaintiffs can share costs of investigation, expert review, and discovery, which can make it feasible to challenge large manufacturers or distributors. For residents of Kingwood, pursuing a mass tort can increase negotiating leverage, encourage more transparent disclosure of risks, and provide a structured pathway to recover medical expenses, lost income, and non-economic harms. This approach balances collective resources with individual case needs to pursue fair outcomes for each injured person.

Stephen New & Associates: Serving West Virginia Communities

Stephen New & Associates represents people and families across West Virginia, including Beckley and Kingwood, in complex personal injury matters like mass torts, catastrophic injury, and wrongful death. The firm focuses on helping clients gather medical records, evaluate product exposure, coordinate with medical professionals, and pursue claims against manufacturers, distributors, or other responsible parties. We emphasize clear communication, prompt action on deadlines, and locally grounded advocacy so clients in Preston County understand each step of the legal process. If a mass tort involves federal multidistrict litigation or state court actions, the firm helps clients navigate those proceedings while protecting individual rights and recovery goals.

How Mass Tort Cases Work

A mass tort arises when numerous individuals suffer similar injuries from the same product, drug, or practice, but each claimant has distinct facts and damages that require individual attention. Unlike a class action, a mass tort keeps each person’s claim separate while allowing coordinated management of pretrial discovery, expert analysis, and legal strategy to reduce duplication and cost. For Kingwood residents, this means filing a claim that reflects personal injuries and losses while participating in consolidated proceedings that strengthen case investigation and settlement leverage. Understanding the legal framework, statutes of limitations, and available remedies is the first step toward protecting your rights.

Key stages include initial intake and investigation, preservation and collection of evidence, consultation with treating clinicians, and filing deadlines that must be met for medical malpractice or product liability claims. Often, cases are centralized in multidistrict litigation for efficiency, which streamlines discovery but preserves individual damage claims. For people in Preston County, careful documentation of injuries, treatments, and economic losses is essential, and early communication with counsel helps ensure timely filings, medical record retrieval, and coordination with others pursuing similar claims to build a clear case narrative for recovery.

Need More Information?

Mass Torts Glossary: Terms to Know

Mass Tort

A mass tort describes legal claims where many individuals are harmed by the same product, drug, or practice, and pursue claims that are coordinated for discovery and litigation efficiency while preserving individual damage claims. Each plaintiff keeps their own lawsuit, allowing for tailored damage awards based on unique medical histories and losses. Centralizing pretrial procedures helps reduce duplication and streamlines expert testimony and document review, but outcomes and compensation are determined by the facts of each person’s case and the extent of their injuries and losses.

Multidistrict Litigation (MDL)

Multidistrict litigation, often used in federal mass torts, consolidates pretrial proceedings from multiple lawsuits filed across different districts to one court for coordinated discovery and motion practice. This structure improves efficiency and consistency in handling expert reports, depositions, and common legal issues, while individual claims remain separate and can be resolved on their specific merits. MDL procedures can speed case development and encourage fair settlements for people with similar injuries linked to the same product or drug.

Product Liability

Product liability refers to legal claims against manufacturers, distributors, or sellers for injuries caused by defective design, manufacturing flaws, or inadequate warnings and instructions. Plaintiffs must show the product was unreasonably dangerous when used as intended or in a foreseeable way and that the defect caused their injury. In mass tort contexts, repeated injuries tied to the same product can establish patterns that support broader legal claims while still requiring proof of individual causation and damages.

Common Benefit Fund

A common benefit fund compensates counsel and expenses incurred for work that benefits all plaintiffs in coordinated litigation, such as discovery, expert development, and case management. Courts may allocate a portion of settlements to reimburse attorneys who advanced shared costs, ensuring fairness among counsel and allowing claimants to receive their individual awards net of approved contributions. Understanding how common benefit assessments are handled is important for injured parties participating in consolidated proceedings.

PRO TIPS

Document Everything Immediately

Begin preserving records and documenting events as soon as harm is suspected by saving packaging, prescriptions, and photographs of injuries and conditions related to exposure, and record timelines of symptoms and treatments with dates and provider names. Prompt documentation helps establish causation and supports medical evaluations that are central to mass tort claims, and it assists in coordinating evidence across similar cases while retaining each person’s unique medical history. Early records preservation also prevents loss of vital evidence and strengthens the ability to pursue rightful compensation.

Keep Detailed Medical Records

Maintain thorough and chronological medical records, including emergency treatment notes, diagnostic test results, medication lists, referrals, and follow-up care documentation, and request copies from providers to ensure nothing is overlooked during review. These records play a vital role in linking injuries to an alleged product or drug exposure, and they provide the factual basis for damages for medical costs, lost wages, and non-economic losses. Consistent medical documentation also improves communication with legal counsel and helps preserve deadlines for filing claims in Preston County and federal courts.

Coordinate with Counsel Early

Reach out for legal consultation early after an injury to understand filing deadlines, evidence collection steps, and whether your situation aligns with a broader mass tort or MDL, because timely legal involvement can preserve claims and critical proof. Early coordination also allows counsel to advise on interactions with insurers, manufacturers, and regulatory agencies, and to explain whether consolidation or individual suit is most appropriate for your circumstances. Prompt legal communication helps protect your rights and positions you to pursue the best possible outcome while cooperating with others in similar claims.

Comparing Mass Tort Claims and Alternative Options

When Coordinated Action Best Serves Injured People:

Widespread Harm from a Single Source

Comprehensive coordinated litigation is often appropriate when many people suffer similar harms linked to the same drug, device, or product and centralizing discovery can uncover systemic issues, internal documents, and expert analysis that individual cases could not as easily obtain. Centralized procedures create efficiencies in reviewing corporate records and testing protocols, which can clarify broader liability while still allowing each person’s injuries and losses to be judged independently. For Kingwood residents, joining coordinated proceedings can make complex investigations feasible and increase the likelihood of meaningful recovery for those affected.

Complex Scientific or Medical Questions

When causation hinges on scientific, medical, or epidemiological questions that require coordinated expert work, comprehensive litigation helps pool resources to develop authoritative opinions and testing that support individual claims. Consolidation makes it practical to fund and present high-quality expert testimony, laboratory analysis, and epidemiological studies that evaluate exposure and link it to injuries, which individual plaintiffs might struggle to secure on their own. For injured community members in Preston County, coordinated action can clarify complex technical issues and translate scientific findings into compelling case narratives.

When Individual Claims May Proceed Separately:

Unique or Isolated Injuries

A more limited individual approach may be appropriate when an injury is rare, highly individualized, or disconnected from a widespread pattern of harm, allowing a plaintiff to pursue recovery without participating in consolidated proceedings. In such circumstances, focusing on specific medical records, eyewitness testimony, and targeted discovery can be more efficient and tailored to the unique facts of that case. For Kingwood residents whose circumstances do not align with a broader mass tort, individual litigation can provide a direct path to compensation without the procedural complexities of coordination.

Immediate Need for Resolution

When swift resolution is needed to address urgent medical bills or employment loss, pursuing an individual claim or negotiation may be the faster route rather than waiting for extended coordinated proceedings to advance. Individual cases can focus on prompt settlement discussions with insurers or defendants, using a concise set of medical records and documented losses to reach a timely outcome. Residents of Preston County who require quick financial assistance for ongoing care may find that an individualized strategy better meets their immediate needs while other mass tort activity continues.

Common Situations That Lead to Mass Tort Claims

Dangerous Drugs and Pharmaceuticals

Pharmaceuticals that cause unexpected side effects or long-term harm can lead to many individuals filing claims when a pattern emerges linking the drug to injuries across different patients. Coordinated litigation helps evaluate clinical data, manufacturer conduct, and warning adequacy while preserving each person’s right to individualized recovery.

Defective Medical Devices

Medical devices that fail, migrate, or cause tissue damage can result in widespread harm affecting numerous patients who received the device under similar conditions. Mass tort procedures can centralize testing and regulatory records to determine causation and design or manufacturing failures while accounting for each patient’s specific outcomes.

Toxic Exposure and Consumer Products

Contaminated products, environmental toxins, and consumer goods with hazardous ingredients can create clusters of related injuries that are appropriate for coordinated claims and consolidated discovery. Collective action enables thorough assessment of exposure pathways and corporate practices that contributed to harm while allowing individuals to seek personalized compensation.

Mass Tort Representation for Kingwood Residents

Why Kingwood Clients Choose Our Firm for Mass Torts

Stephen New & Associates brings local knowledge of West Virginia procedures and commitment to clear communication for clients in Kingwood and surrounding communities, helping families navigate deadlines, gather medical records, and coordinate with national case developments. The firm focuses on comprehensive investigation and client-centered case preparation so individuals understand the litigation timeline, potential remedies, and next steps tailored to their situation. For residents facing injuries from drugs, devices, or defective products, we offer practical guidance on preserving evidence, working with treating clinicians, and staying informed about consolidated proceedings that may affect their claims.

Our approach emphasizes individualized attention to each claimant’s medical history and losses while coordinating necessary centralized discovery and expert review in larger actions, and we work to keep clients informed about settlement discussions, common benefit allocations, and the status of multidistrict or state coordination. Clients from Preston County receive straightforward explanations of options, assistance obtaining necessary documentation, and representation designed to pursue fair compensation for medical costs, rehabilitation, lost income, and pain and suffering arising from mass tort-related injuries.

Contact Our Kingwood Team for a Case Review

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FAQS

What is a mass tort and how does it differ from a class action?

A mass tort involves many individual lawsuits filed by people who suffered similar harm from the same product, medication, or practice. Each person retains an individual claim for damages, allowing courts to evaluate personal injuries and losses while consolidating pretrial tasks like discovery and expert analysis to improve efficiency and reduce repeated procedures. This structure keeps individual claims separate and preserves the ability to seek damages tailored to each person’s circumstances, rather than grouping everyone under a single class-wide judgment. Unlike a class action, which treats the group as a single representative plaintiff and can bind all class members to one outcome, a mass tort maintains individual damage claims and permits separate resolutions for each claimant. Consolidation in the form of coordinated pretrial management or federal multidistrict litigation can help develop common evidence, but each case’s medical records and financial losses remain distinct. For someone in Kingwood, joining mass tort proceedings can leverage collective resources while ensuring personal injuries are addressed on their own merits.

How do I know if my injury is part of a mass tort?

Determining whether an injury fits into a mass tort begins with assessing whether others have reported similar harms linked to the same manufacturer, product, or medication, and whether there is emerging litigation or regulatory attention. Medical records, product identifiers, prescription history, and exposure timelines help establish common threads with other claims, and counsel can review these materials to assess whether coordinated litigation or an MDL is underway. For Kingwood residents, providing detailed documentation and descriptions of symptoms and treatments supports that evaluation and helps counsel determine next steps. Legal review typically involves collecting medical records, timelines of exposure, and any available product information, followed by consultation with medical professionals to evaluate plausibility of causation. Counsel will compare the claimant’s facts to established patterns in existing cases and may coordinate with national or state-level litigation teams if consolidation is appropriate. Early outreach makes it more likely that claims are preserved and that the injured person can participate in coordinated proceedings if they are relevant.

What evidence is important for a mass tort claim?

Critical evidence for a mass tort claim includes complete medical records that document treatment, diagnoses, imaging, and clinical notes showing the progression of symptoms and care related to the alleged exposure. Other important items are prescriptions and pharmacy records, product packaging or lot numbers when available, photographs of injuries or adverse effects, and employer or wage records that show economic losses resulting from the injury. Gathering this evidence promptly preserves proof and helps build medical causation narratives that are central to these cases. Additional valuable materials include communications with product manufacturers or healthcare providers, incident reports, and any testing or laboratory results relevant to exposure, as well as eyewitness accounts or caregiver statements. Counsel may also seek regulatory filings, safety studies, and corporate documents through discovery that reveal design, manufacturing, or marketing practices. Together, these elements form the evidentiary foundation for demonstrating both individual harm and broader patterns that support coordinated litigation.

Can I join a multidistrict litigation (MDL) from Kingwood?

Yes, residents of Kingwood can participate in multidistrict litigation when federal cases involving the same product or conduct are centralized in an MDL, and counsel can assist in determining whether a particular claim qualifies for inclusion. MDLs consolidate pretrial proceedings to streamline discovery and common legal issues, but individual claims remain separate and can later be remanded or tried on their specific merits. Being included in an MDL enables coordinated expert development and document review while preserving personal damages claims. To join an MDL or coordinated state litigation, it is important to have timely documentation, medical records, and product information; early contact with counsel helps ensure claims are filed before applicable deadlines and that evidence is preserved. Participation in an MDL also involves collaboration with other plaintiffs’ counsel on common benefit work, which may be subject to court-approved allocation, so injured people should be informed about how common costs and benefits are managed throughout the litigation process.

How are settlements and verdicts distributed in mass tort cases?

Settlement and verdict distribution in mass torts varies depending on whether cases resolve individually, through global settlements, or as part of MDL resolutions that include common benefit allocations. When a global settlement is reached, courts often approve mechanisms to allocate funds among claimants based on the severity of injury, medical costs, lost income, and other measurable damages, while also addressing attorney contributions to common discovery and litigation efforts. Each claimant’s share typically reflects individualized assessment of harm and economic losses. When individual cases settle outside of global agreements, the parties negotiate a resolution focused on that person’s evidence and damages, and distributions are governed by the settlement terms in that case. Courts may also review settlement fairness and approve common benefit deductions for work that helped all plaintiffs. Claimants should understand potential deductions and the timing of distributions so they can make informed decisions about accepting offers or seeking trial outcomes.

What deadlines apply to mass tort claims in West Virginia?

Deadlines for mass tort claims depend on applicable statutes of limitation and, in some cases, discovery rules that govern when the clock starts running based on when the injury was discovered or reasonably should have been discovered. West Virginia has time limits for personal injury and product liability claims that can vary by claim type and circumstances; tolling rules and exceptions may apply in certain medical or latent injury cases. It is essential for Kingwood residents to consult legal counsel promptly to determine applicable deadlines and preserve the right to pursue compensation. In addition to statutes of limitation, there are procedural deadlines in consolidated litigation or MDLs for submitting claim forms, plaintiff fact sheets, and medical authorizations, which can affect eligibility for common settlements or trial selection. Early engagement with counsel ensures timely compliance with court-ordered schedules and helps prevent forfeiture of claims due to missed administrative deadlines or failure to produce required documentation during coordinated discovery.

Will a mass tort settlement cover future medical needs?

Whether a settlement covers future medical needs depends on the terms negotiated and the evidence presented regarding anticipated ongoing treatment, rehabilitation, and long-term care requirements. Plaintiffs who can document likely future expenses through medical opinions, care plans, and cost projections have a stronger basis to seek compensation that addresses both past and future medical needs, lost earning capacity, and long-term impacts. Structured settlements or lump-sum awards can be tailored to include provisions for long-term care when properly documented and negotiated. During settlement discussions, claimants and counsel should present clear documentation of ongoing medical needs, including expert opinions when appropriate, to ensure future care is considered in valuation. If a case proceeds to trial, a judge or jury may award damages for future medical costs and other prospective losses, but successful recovery often hinges on credible evidence and persuasive presentation of the need for continued treatment and associated expenses.

Do mass tort cases always go to trial?

Mass tort cases do not always go to trial; in fact, many resolve through settlements either individually or as part of coordinated agreements, because consolidation and shared discovery often create significant incentives for defendants to reach resolution. However, some cases may proceed to trial, particularly where individual circumstances require a jury to assess specific damages or where negotiated settlements do not adequately address claimants’ needs. Strategic decisions about settlement versus trial are made based on the strength of evidence, the nature of injuries, and the claimant’s goals for recovery. Trial can be a necessary path when defendants deny liability or when individualized damages are contested, and courts sometimes select representative bellwether cases to test issues and guide settlement negotiations. Claimants should be prepared for both possibilities and discuss with counsel how trial risks, timelines, and potential awards relate to their particular circumstances and objectives in pursuing a mass tort claim.

How much does it cost to pursue a mass tort claim?

Costs to pursue a mass tort claim vary and often involve expenses for document collection, medical record retrieval, expert consultation, and litigation-related fees, but many plaintiffs work with counsel on contingency terms where attorney fees and case costs are advanced and recovered only if there is a successful outcome. This arrangement helps injured individuals pursue claims without upfront legal costs, and courts supervise common benefit assessments in coordinated litigation to ensure fairness in shared cost allocations. Understanding fee arrangements and possible deductions is important before committing to representation. Potential plaintiffs should ask about how case costs are handled, what percentage of recovery will be allocated to attorney fees or common benefit funds, and whether any out-of-pocket expenses may be billed during the litigation. Clear communication about fees, anticipated expenses, and the timing of possible recoveries helps clients make informed choices about pursuing mass tort claims and manage expectations about net recovery after approved deductions.

What should I do immediately after discovering harm from a product or drug?

Immediately after discovering potential harm from a product or drug, preserve any physical evidence such as packaging, labels, receipts, and photographs of injuries, and create a detailed timeline of symptoms, medical visits, and communications with healthcare providers. Promptly seek medical attention and request copies of medical records so the connection between exposure and injury is documented, and maintain a log of providers, dates, and treatments to support future claims. Early documentation is essential to protect legal rights and to assist counsel with timely evaluation of the situation. Contacting legal counsel as soon as possible allows for guidance on next steps, including preservation of evidence, notification of potential defendants, and compliance with procedural deadlines. Counsel can advise on obtaining additional testing, coordinating with other affected individuals, and understanding whether the matter aligns with broader mass tort litigation, which may involve claim forms and centralized discovery requirements. Early action helps ensure claims remain viable and properly supported for pursuit of compensation.