If you or someone you know has been injured due to a defective product, harmful drug, or environmental disaster, you may have heard the term “mass tort.” Mass torts are civil lawsuits that involve multiple plaintiffs who have been harmed by the same defendant or defendants. In this article, we’ll explore the basics of mass tort lawsuits and what you need to know if you’re considering pursuing legal action.
What is a Mass Tort Lawsuit?
A mass tort lawsuit is a civil action involving numerous plaintiffs who have suffered similar injuries or damages as a result of the actions or products of one or more defendants. Unlike class-action lawsuits, where a large group of people is represented by a single plaintiff or a small group of plaintiffs, mass tort lawsuits involve individual claims that are joined together for the purposes of efficiency and consistency.
Types of Mass Tort Cases
Mass tort cases can arise from a variety of situations, including:
Defective products: When a product is designed or manufactured in a way that makes it dangerous to consumers, the manufacturer may be held liable for any injuries caused by the product.
Dangerous drugs: Pharmaceutical companies may be held liable for injuries caused by drugs that are defectively designed or manufactured or that carry inadequate warnings or instructions.
Environmental disasters: When a company’s negligence or recklessness results in environmental contamination, individuals who suffer harm as a result may be able to pursue a mass tort claim.
Personal injuries: Any situation where a large number of individuals have suffered similar injuries or damages may potentially give rise to a mass tort lawsuit.
How do Mass Tort Lawsuits Work?
Mass tort lawsuits are complex and can take years to resolve. They typically involve several stages, including:
Investigation and Filing
The first step in a mass tort lawsuit is investigation. This involves identifying potential plaintiffs, gathering evidence, and consulting with experts to determine whether a claim is viable. Once the investigation is complete, the attorneys will file a complaint on behalf of the plaintiffs.
Discovery
Discovery is the process of gathering and exchanging evidence between the parties. This can include depositions, interrogatories, and requests for documents. In mass tort lawsuits, discovery can be particularly extensive due to the large number of plaintiffs involved.
Pretrial Proceedings
Before a mass tort case goes to trial, there may be several pretrial proceedings, such as motions to dismiss, motions for summary judgment, and Daubert hearings (where expert testimony is evaluated). These proceedings can help to narrow the issues in dispute and streamline the case for trial.
Trial
If the case is not settled or dismissed, it will proceed to trial. Mass tort trials can be lengthy and complicated, often involving expert testimony and complex scientific evidence. If the plaintiffs prevail at trial, they may be awarded damages to compensate them for their injuries.
Appeals
If either side is unhappy with the outcome of the trial, they may appeal the decision to a higher court. Appeals can be time-consuming and expensive, and the outcome is never guaranteed.
Why Pursue a Mass Tort Lawsuit?
There are several benefits to pursuing a mass tort lawsuit rather than an individual lawsuit, including:
Efficiency: Mass tort lawsuits allow multiple plaintiffs to pursue their claims at the same time, which can be more efficient than filing individual lawsuits.
Cost savings: Because the costs of litigation can be spread across multiple plaintiffs, the per-plaintiff cost of pursuing a mass tort claim may be lower than the cost of filing an individual lawsuit.
Increased leverage: When a large number of plaintiffs are involved, defendants may be more likely to settle the case in order to avoid the expense and uncertainty of a trial.
In conclusion, if you believe you may have a viable mass tort case, it’s important to seek legal counsel as soon as possible. Mass tort lawsuits can be complex and time-consuming, and it’s crucial to have experienced attorneys on your side who can help guide you through the process.
If you’re not sure whether you have a case, or if you simply have questions about mass tort lawsuits, don’t hesitate to contact our legal referral network for a free case overview. Our network includes attorneys with extensive experience in mass tort litigation, and they can help you determine whether you may be entitled to compensation for your injuries.
Remember, time is of the essence when it comes to mass tort cases, so don’t delay in seeking legal advice. Contact our legal referral network today to learn more about your options and how we can help you get the justice you deserve.
