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Denis H.
What Are the Big Differences Between Personal Injury Cases and Mass Tort Litigation?
Personal injury cases are some of the most common types of lawsuits in America. In 2021 alone, the number of personal injury cases filed in the United States rose 150%. This represented an increase of nearly 140,000 lawsuits filed. People can file lawsuits for any type of injury. This can include lawsuits against another individual for reckless behavior. It can also include suits against a company or local business for negligence related to their product or service. If you or a loved one have suffered an injury due to another person or company’s actions, you deserve compensation.
In some cases, though, it may be better to participate in a mass tort. This is a lawsuit involving numerous people who have all suffered the same injury. Mass torts hold individuals and businesses accountable for their actions. They can also get more money for the people involved in them.
How Does a Personal Injury Suit Differ from Mass Tort?
Personal injury suits are just what they sound like. If you are harmed in some way that is not your fault, you can file a lawsuit against another individual or business. This lawsuit says the other person is financially responsible for your injuries. These can be injuries sustained:
- In a Car Accident
- By Slipping and Falling at a Local Business
- Due to a Faulty Product
- Being Attacked by an Animal
- Environmental Poisoning
If you have been harmed in any way as the result of another person’s actions or inactions, you can file a personal injury suit against them. Personal injury suits are generally settled out of court. This is because many injuries are covered by different types of insurance. For example, businesses and homeowners will carry property insurance that will cover injuries sustained on the premises. In California, about 45% of cases that go to trial end in a judgment for the victim. The average award in these cases is $150,000.
Mass torts are different from personal injury suits because they involve a large number of people all claiming the same or similar injuries caused by the same person or thing. For example, if you were hit by a reckless driver or bitten by a neighbor’s unchained animal, you would probably be able to file a personal injury suit. However, if numerous people were injured by faulty airbags all deploying at the wrong time, and all of those airbags were manufactured by the same company, the injured parties may be able to participate in a mass tort. Mass torts allow multiple people to hold the same person or company responsible for their actions or negligence.
Mass torts can potentially result in more money for victims. This is because multiple people presenting similar evidence against the same person or company strengthens their cases. It also demonstrates the person or company was responsible for harming a large number of people and should be held responsible. The average verdict in a mass tort case in California is $1.6 million.
How Do I Decide to File a Personal Injury Suit or a Mass Tort?
Because of the complexity involved, it can be more difficult to participate in a mass tort case. In a personal injury case, all you need to do is file a lawsuit against the person or company responsible. Although having an attorney will increase your likelihood of winning, anyone can file a personal injury lawsuit at any reason, even without legal representation.
A mass tort case requires an attorney. Because of the complexity of mass torts, they are handled by a select few law firms. Many of these firms specialize in only representing mass tort cases. In order to file a mass tort, a variety of factors must be demonstrated to the court. These include a high degree of commonality of injuries and actors and an interdependence of cases.
This means it must be shown that all of the injuries were similar or identical in nature. It must also be shown they were caused by the same person, business, or product. Finally, it must be demonstrated that all of the cases are related to one another.
Proving all of these factors can be difficult. This is why mass torts are handled by specialized law firms with years of experience. Some law firms specialize in only doing mass tort cases. Other law firms employ attorneys who only represent mass tort clients.
What Should I Do if I Think I Could be Part of a Mass Tort?
If you or a loved one have been injured and you think your case could become part of a mass tort, it’s important to speak to an attorney. If you try to file a personal injury suit, you could potentially lose out on a much larger settlement. Most injury settlements include a clause that prevents you from seeking further damages. This means if you settle a personal injury case and the responsible party later becomes the defendant in a mass tort suit, you probably would not be able to participate.
If you or a loved one think you could be part of a mass tort, don’t hesitate to contact Benner Law Firm. We’re located at 409 Camino Del Rio S., Suite 106, San Diego, CA 92108. We’re one mile Southwest of the Mission Valley Shopping Mall and five miles East of Seaworld. We know what to look for in individual personal injury cases to know if they could be part of a mass tort. We want all of our clients to get all of the money they deserve for their injuries. This includes knowing when their injuries could qualify them to be part of a mass tort. We can help build a case and potentially increase the settlement you would have received from just filing a personal injury suit. We won’t let you settle for less than you deserve.
If you or a loved one have been injured and think you may be able to participate in a mass tort, call Benner Law today at (714) 497-2544 or email us for a free strategy session. We won’t let you settle for less than you deserve.
