Losing a loved one due to someone else’s negligence is a devastating and traumatic experience. During such trying times, seeking…
What Does a Mass Tort Lawyer Do?
How a Mass Tort Attorney Can Help You
The general composition of mass tort litigation are claims against common carriers (such as airlines and railroad companies) or product liability claims against manufacturers and pharmaceutical companies. In simple terms, mass tort litigation involves a large group of people who were similarly injured due to a company’s negligence (or group of closely related companies).
There are instances where the same product injures many people in a similar way. Here, mass tort litigation enables plaintiffs to sue the defendant, not individually, but as a large group. Mass tort lawsuits, however, are usually more complicated than traditional class action lawsuits. It can be challenging to determine settlements and compensation, partly because they do not necessarily follow the standard, predictable legal procedure and the multitude of claims brought to court during the suit. This is where the legal services of someone knowledgeable with personal injury laws come in.
Call our competent and compassionate San Diego personal injury lawyers today if you or your loved ones have plans to file personal injury cases.
What this article will focus on are mass torts. Specifically, it will look into what a mass tort attorney does and how they can help you with your case. This article is divided into the following sections:
- An Overview of Mass Torts
- What to Watch Out for in Mass Tort Litigation
- Seeking Legal Help Early On
- Filing a Mass Tort Claim in Court
- The Need for Experienced Mass Tort Lawyers
An Overview of Mass Torts
Very broadly, a tort is a wrongful act that causes harm to another person. They are comparable to class actions since they both involve multiple individuals who a negligent party has harmed. Their main difference, however, is in how the plaintiffs are treated.
In a class-action suit, all claimants have the same injury or loss, are represented collectively, and are part of a group that needs to prove wrongdoing. A typical example is a class action lawsuit pursued by filers affected by a data breach.
On the other hand, in a mass tort, those pursuing a personal injury case suffer similar injuries. Still, the severity of each case and the extent of the damages are considered individually. Essentially, each member of the group has an individual personal injury claim. As such, compared to class action lawsuits, mass tort cases generally yield larger settlements.
At the core of a tort case is the claim that the plaintiff incurred a loss, be it physical, emotional, or financial, that the at-fault party must pay for. In a mass tort, multiple plaintiffs decide to sue and file civil cases against a defendant to recover losses. Although accident victims may have been affected to different degrees, they make similar claims about a single product or service blamed for adverse outcomes. Typical examples are bodily injury stemming from medical devices, prescription drugs, or defective products.
What to Watch Out for in Mass Tort Litigation
Mass tort cases are efficient in giving multiple plaintiffs the chance to recover compensation from a common defendant. Aside from defective consumer product torts, other common examples include unfair business practice torts and environmental torts.
If a large group of litigants is properly organized, mass tort action is cost-effective since attorneys handle legal matters, and a plaintiff will have a more passive role in the process. With experienced and aggressive San Diego personal injury lawyers, the proof of claims from the litigant group may be eased, and the defendant is pressured to settle.
Not every courthouse, however, is equipped to handle mass tort litigation. Additionally, defendant corporations would usually dismiss the claims because they cannot reasonably defend against so many claims. As such, it is essential to seek legal representation from a mass tort and personal injury lawyer who can effectively organize and contract between the large group of plaintiffs, making sure that settlement or verdict proceeds are proportionately allocated.
Seeking Legal Help Early On
Aside from personal injury laws, common practice areas for mass tort lawsuits involve product liability laws, insurance laws, employment laws, business laws, antitrust laws, and environmental laws. Plaintiffs can live anywhere in the nation but must share common injuries or damages.
Mass torts intend to allow the courts to hear multiple injured parties and try them concurrently for optimal efficiency, leading to shorter timelines for all parties involved. Primarily due to modern technological advancements, however, mass torts are still a developing area of litigation. As such, it is best to contact a trusted local attorney before taking any steps.
Whether you are joining a mass tort action or are planning to file any other personal injury claim in California, it is essential to understand the legal process and state laws involved. You deserve to have an attorney who will take the time to understand your situation and provide passionate legal counsel and representation.
Filing a Mass Tort Claim in Court
When proceeding with a mass tort claim, the first step is to identify the defendant or the party allegedly responsible for causing damages. In some cases, mass tort and personal injury lawyers can give legal advice if an individual lawsuit is better than a mass tort.
If a claimant joins an already existing mass tort, the appropriate defendant may have already been named. Here, you will need a lawyer to evaluate your specific losses and help you demand a proper amount of compensation from the defendant. The case will proceed with a few specific plaintiffs representing the rest in the suit.
If the mass tort succeeds, all individuals claiming damages in the defined class of the lawsuit are given a certain period to assert their claim and take part in the compensation awarded. Your San Diego mass tort attorney can help you claim your portion of damages before the deadline.
The Need for Experienced Mass Tort Lawyers
Going up against a powerful defendant alone can be challenging. Mass tort cases are significant cases that can involve hundreds of plaintiffs, and hiring a legal professional can help ensure that your legal rights will still be protected. A reliable attorney will walk you through the case while keeping your best interests in mind.
A mass tort attorney could consolidate extraordinary expenses for experts and other litigation costs as a group representative. This means that injured parties could all benefit from working together. Additionally, your mass tort lawyer can help handle the paperwork needed to navigate a mass tort action and work properly evaluating your losses, gathering evidence, and more.
Different circumstances make each personal injury lawsuit unique. As such, if you have any questions related to mass torts and other personal injury lawsuits, contact us at The Benner Law Firm today. Our knowledgeable and well-trained personal injury attorneys can provide the legal advice you need.Share This Post!
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