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A mass tort is a type of personal injury case filed by multiple individuals who have all been harmed by a single event or accident. Some common events that often trigger mass tort lawsuits include defective or recalled products, commercial plane crashes, explosions, or pollution coming from industrial factories. Mass tort settlement amounts tend to be high given the nature of these lawsuits.
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By filing a lawsuit, you can pursue financial compensation and justice from those who caused you or a loved one harm.
A mass tort is a civil action brought by many individuals (plaintiffs) against one or a few defendants in court. People file mass tort lawsuits to pursue justice and recover financial compensation for losses and injuries caused by a single event like an accident or a defective product.
“Mass tort actions are not single cases, but rather groupings of individual lawsuits alleging the same issues against the same defendant(s).”
– Cornell Law School
Courts approve mass tort lawsuits to make it easier to hear many similar cases at once, rather than each case individually over a long period of time.
Mass tort lawsuits are often confused with class action lawsuits because both involve a large group of plaintiffs suing over harm caused by a common defendant. However, there are some key differences between the two.
Class action lawsuits are filed according to Federal Rules of Civil Procedure 23(a) on behalf of a class of people who have similar claims and similar injuries. Class actions are headed by one or several people whose claims are representative of the entire class. Every person in a class action lawsuit receives the same amount in damages (monetary compensation).
In contrast, each plaintiff in a mass tort action must file their own lawsuit. Mass tort plaintiffs are not treated as one “class” or entity. If the court awards damages, only people who filed individual lawsuits will get compensation. Additionally, everyone receives different amounts based on their injuries.
Mass torts may also be confused with multidistrict litigation (MDL), but these terms have distinct meanings.
Mass torts often involve multidistrict litigation, which is a legal procedure used to consolidate multiple individual lawsuits for pretrial purposes so they can proceed through the legal process quicker.
Some common categories of mass tort lawsuits include:
Specific mass tort cases types being filed in 2023 include:
The mass tort litigation process can be complicated. Before you file or join a mass tort lawsuit, you should have an experienced personal injury lawyer by your side.
That said, here’s the basic mass tort lawsuit process.
First, your attorney will help you file your personal injury claim with the right court. They will submit the required legal documents according to your state’s statute of limitations or deadline.
When enough individual personal injury claims have been filed, the courts may determine that they share common facts and legal issues. The court will then consolidate these individual cases into a mass tort, allowing for more efficient resolution and management.
Next, both sides go through a pretrial process called discovery in which each party obtains information from the other side about the witnesses and evidence they plan to present at trial.
Mass tort attorneys can help clients prepare for discovery by:
Sometimes, individual cases will go to trial to serve as a test or benchmark for how a judge or jury will react to the case. These are known as bellwether trials, and they are used to predict how the remaining cases may be resolved.
You may choose to settle your case before or during trial if you are able to reach an agreement with the defendant. If you can’t reach an agreement, your lawyer will continue fighting for your rights in court.
Your mass tort lawyer will try the lawsuit in federal court and present arguments before a judge or jury. The judge or jury will reach a verdict, and if the case is decided in your favor, you will be awarded damages.
Examples of mass tort settlements in recent years include:
Mass tort lawsuits provide many advantages, such as judicial efficiency, reduced legal costs for individual plaintiffs, and individual plaintiffs having more power than in class action suits.
However, 3 potential drawbacks to mass tort lawsuits are:
Despite these potential difficulties, a mass tort lawsuit can help you or a loved one seek justice and hold those responsible for your injuries accountable.
If you’re curious as to whether you are eligible to file a mass tort lawsuit, an experienced attorney can help. They can review the facts of your case and weigh in on whether you would be best served by filing your case individually or joining a mass tort.
Mass tort cases are notoriously complex. Be sure to ask any attorneys that you interview whether they have handled these types of cases before and what type of results they have secured for clients in the past. Additionally, make sure you understand how they plan to bill for their services.
There are mass tort lawyers and mass tort law firms that specialize in these and other complicated types of litigation.
A qualified mass tort attorney can not only handle your case but ensure that you receive fair compensation for your injuries.
A mass tort is a lawsuit filed by multiple individuals who have all been harmed by a single event. Mass torts often involve defective products, large-scale accidents, and environmental occurrences.
There are several different kinds of mass torts.
4 common types of mass torts are:
Sometimes. Courts only award punitive damages if the responsible party’s conduct was egregiously malicious or negligent. These damages are meant to punish the defendant for their behavior and deter others from acting similarly.
Written by: LawFirm.com
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