Mass tort claims are considered civil wrongs that result in the financial loss or personal injury of a large group of people who are jointly suing the defendant. Each participating plaintiff has been the victim of a similar loss due to the defendant’s negligence.
What Is a Mass Tort Claim?
This type of lawsuit differs from a class action because the plaintiffs must certify their specific claims. All the complaints are merged into one main claim.
Mass injury litigation emerged in the 1980s when the public was exposed to the mass marketing of products. The masses had easier access to a greater variety of goods, and many people were using the same products. Thus, a defective item could harm a larger consumer pool.
Different medical devices would often malfunction and cause patients and consumers to become injured. Nowadays, lawyers specialize in different areas of personal injury law, as each domain is governed by specific laws.
Types of Mass Torts
The main types of mass tort include:
- Mass disaster torts
- Mass toxic torts
- Product liability torts
If you are filing a product liability claim, you must prove that the item is defective. There is a long list of entities who may be held responsible, including the manufacturer. A lawyer can help identify when the defect occurred and who is responsible.
It’s possible to join a mass tort claim by reaching out to a Lafayette Mass Torts lawyer. With legal representation, you can learn more about your rights and what you may be entitled to after the details of the case are reviewed.
Many people choose to file a mass tort claim because they can expedite the process and allow it to move along quicker. This can make it possible to spend less on legal fees.
Mass Tort Claims
There are many examples of mass tort claims involving defective products or drugs that have resulted in harm. The lawsuit may also be filed due to a catastrophic accident involving a large group of individuals. Some of the biggest mass tort claims filed were against Accutane, Zantac, and Boing.
The claims have been triggered by commercial plane crashes, explosions, pollution, and groundwater contamination. Plaintiffs must provide medical records to build their case and prove the injuries. Examples of different types of medical records that are accepted include:
- Discharge summaries
- Labs
- Consultations
- Treatment plans
- Therapy notes
- Surgical records
- Prescription records
Additional areas of tort law include defamation, nuisance, and invasion of property. When looking for a lawyer to represent you, choose an expert with experience in the particular area of law that is of interest to the case.
When Are Mass Tort Claims Resolved
Mass tort claims vary in their timeframes. The outcome often depends on the defense making a counter-claim. Some cases can be resolved in a few months, whereas others end after several years. For example, some types of mass tort claims involving asbestos are still ongoing after several decades due to injuries that continue to occur and develop in the victims.
Legal Assistance
Hiring an experienced mass tort lawyer is essential to ensure you can navigate the legal process and have a better chance of success. The legal professional will work hard to fight for your rights and help you obtain the compensation you deserve.
Mass tort claims can be challenging to resolve without a legal professional because future injuries can continue to occur. Some plaintiffs can also have varying degrees of injuries and different claims. There are times when the defendants’ interests conflict, leading to delays in the court process.
The Advantages of Mass Tort Claims
Mass tort claims allow the plaintiffs to share the cost of the lawsuit and prove their case. The cases often involve highly qualified experts that help prove the defendant’s negligence led to the plaintiffs’ financial loss or injuries. These types of claims include the contribution of multiple victims. Thus the burden is shared among individuals, making it easier on victims.
With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.
