How to Determine If You Have a Mass Tort Case
When you suffer harm due to the negligence of another person or entity, you may have grounds to file a lawsuit against the at-fault party. There are multiple types of complaints you can file to claim this compensation, including personal injury lawsuits, class action claims, and mass tort cases.
Mass torts involve a group of plaintiffs who have suffered the same injury. This type of litigation provides several benefits to injured individuals. If you believe you may qualify for this type of litigation, you will need to understand mass tort requirements, conduct independent research, and seek the help of a mass tort attorney.
What Is a Mass Tort Claim?
To determine if you qualify for a mass tort case, you first need to understand what this legal action entails. A mass tort lawsuit involves multiple plaintiffs who suffered similar injuries due to the actions against the same defendant or defendant. Mass tort defendants are usually corporate entities, such as pharmaceutical companies and consumer product manufacturers.
Mass tort litigation provides several advantages to injured plaintiffs. Individual lawsuits can be expensive and time-consuming, and filing multiple claims due to the same injury can waste court resources. Mass torts streamline this process, allowing plaintiffs to share research with one another. Unlike class action lawsuits that divide settlements evenly, mass tort settlements provide compensation for each plaintiff based on his or her specific damages.
Common Types of Mass Tort Claims
Since mass tort claims typically involve corporate negligence, certain types of accidents give rise to these lawsuits more often than others. If your case involves any of the following scenarios, chances are that other people have experienced the same fate.
- Defective product accidents that involve manufacturing flaws, design defects, or a failure to warn of hazards or provide adequate product information
- Exposure to toxic chemicals and substances at home, at work, or through a defective product or medication
- The development of an illness or injury due to a defective medication or medical device, such as hip replacements or transvaginal mesh
- Large-scale natural disasters or man-made catastrophes, such as hurricanes, fires, explosions, or floods
Finding Other Plaintiffs for a Mass Tort Claim
To file a mass tort claim, you need to find other plaintiffs who have suffered harm due to the same entity or entities. You will need to conduct research to determine if there is an existing lawsuit you can join. If you cannot find pending litigation, this research can also help you assess if other people have experienced similar injuries, as well as identify attorneys who may be able to represent or initiate your claim.
Speaking to a lawyer is the best way to determine if you have grounds for a mass tort lawsuit. A mass tort attorney will be able to evaluate your case’s merits and perform necessary outreach to find eligible plaintiffs to join the claim. In addition, a skilled lawyer can provide several benefits, including the following.
- Access to expert witnesses who can testify on your behalf
- Knowledge of cutting-edge research he or she can apply to your case
- The ability to negotiate with corporate legal teams for your maximum possible settlement
- Training and education in mass tort litigation, allowing your attorney to guide you through each stage of your claim
Mass tort claims are highly complex, but a lawyer can strengthen your case and conduct the research necessary to initiate the process. After you realize you may have grounds for a lawsuit, contact a mass tort attorney as soon as possible to discuss your case potential and strategize your road to recovery.