A mass tort is a civil action comprising several complainants with the same claims against one or several defendants. The claims are joined to one judge for trial, discovery, and legal ruling. On many occasions, the law firms handling mass tort claims get a potential settlement for individuals injured by the defendants.
Mass tort cases stem from a defective drug or poorly designed product that harms a group of individuals. Some of these cases go viral while the rest go unmentioned. Nevertheless, mass tort cases are related to legal issues that inflict as much pain on complainants whose lives are affected.
In this type of lawsuit, individuals do not participate in the settlement; a settlement is structured, and each claim is assessed differently on its evidence like injuries, causality, and exposure. Individuals then make their own decisions after listening to the terms of the suggested settlement.
If a law firm handling the claims can’t work out a group settlement, the mass tort individuals will need to have their cases tried before a jury for compensation. If the claims are not handled as a mass tort, they will be held as a class action, where a group of individuals represents several individuals’ interests even if they do not have a lawyer.
The Process of a Mass Tort Lawsuit
The following are the main stages of a mass tort lawsuit:
- Review records
- Distinguish injury uniformity
- Filing civil lawsuits
- Bellwether trials.
Read on for more details. Â
- Review Records
As the first stage of mass tort claims, a mass tort lawyer reviews different records to determine whether you have a case. They review allegations of injuries and plaintiffs’ statements, years of medical history to define if your injury timeline matches your claims and if you had a pre-existing condition.
The mass tort lawyer has to determine consistency in the records and find similarities if you claim a particular drug caused your injuries.
- Distinguish Injury Uniformity
To qualify for a mass tort lawsuit, a lawyer has to find a group of individuals who claim to have similar injuries related to a certain drug or product. A mass tort lawyer has to gather all the evidence from these individuals and build one case against the offender; every individual will have a different claim depending on the severity of their injuries, but the structure of the lawsuit will be similar.
If there are outliers with a different pattern in the buildup case, they will not be eligible for compensation.
- Filing Civic Lawsuit
All mass tort lawsuits are filed in state court. Though the plaintiffs may live in different parts of the state, it is best to file the suit together. The cases are tried in the civil court with experienced attorneys who understand the filing procedures and the structure of mass tort cases. The court prefers these cases combined for convenience, easy streamlining, and speed.
- Bellwether Trials
Before a mass tort lawsuit, the attorneys try numerous cases against the same party, referred to as bellwethers trials. They choose the most severe cases, such as cases of victims who have passed away or individuals claiming severe damages from defective products or drugs.
Bellwether trials serve as a test run for the attorneys. They help them identify how the cases will go. In case of defense during the trials, the other cases won’t progress to trials. This means that it is essential for mass tort attorneys to take the trial cases seriously.
- Settlement
The final stage of a mass tort lawsuit is a settlement. No guideline shows how long these cases may last. Most of these cases end with a settlement though it may take months or years. The cases are expensive, time-consuming and there is always a chance for appeal. Most mass tort lawyers prefer to settle these cases out of court.
If you believe you need to join a mass tort lawsuit because of the injuries or damages caused by a specific product or medication, talk to a mass tort lawyer. An attorney specialized in such type of litigation can help you gather enough evidence to support your claims and reach a fair settlement on your behalf.
Author:Â Michelle Eddy
Michelle Eddy is a staunch consumer advocate, fresh libertarian convert, a mother of three, and a part-time blogger. She covers topics from parenthood and child development to education and law. With a strong emphasis on consumer rights and helping the little guy stand up for their rights. Her favorite quote is “Sir, we are outnumbered 10 to 1.” “Then, it is a fair fight!”
