Some cases involve more than a single plaintiff. Large-scale crashes, company-wide asbestos exposure, and countless other things may result in lawsuits with multiple plaintiffs going up against one or more corporations. Mass torts are cases involving multiple plaintiffs. If you believe that you have a case with multiple plaintiffs, you need an attorney experienced in California mass tort laws to help you. The legal team at Estey & Bomberger, LLP has the experience and dedication to help with your case! Contact us for more information on how we can help you with your mass tort or class action case.
Why You Need a San Diego Mass Tort Attorney on Your Side
When you are facing a mass tort case, you need an attorney who knows how to navigate the process and fight for your full compensation. Estey & Bomberger, LLP has the experience and resources to handle your mass tort claim effectively and deliver results:
- We have proven experience in complex mass tort litigation and know how to build strong cases against major corporations.
- We maintain networks with medical experts and specialists who can provide valuable testimony to support your claim.
- We handle all upfront costs so you can focus on your recovery while we fight for your compensation.
- We provide personalized attention so that you receive compassionate support, regular updates on your case progress, and prompt answers to all your questions.
What Compensation Can I Get for Damages in a Mass Tort Lawsuit?
Mass tort cases can be difficult because major corporations usually have large legal teams whose sole purpose is to see that the company loses as little money as possible. They will work hard to prevent each plaintiff from receiving full compensation. Some of the potential damages that the court could award you include:
- Current and future medical bills
- Transportation costs because of your injury
- Physical therapy and long-term care
- Lost wages because of time needed for recovery
- Disability and disfigurement
- The impact the injury had on your professional and personal life
- Pain and suffering
- Mental and emotional damages
In certain cases, the court will also award punitive damages to punish the company if it deems the wrong was egregious.
What Is the Difference Between Mass Torts and Class Action Suits?
People often confuse mass tort lawsuits with class action lawsuits. In class action lawsuits, a claim is filed on behalf of a large group of people in an effort to reduce the number of claims. Each person included in the claim has suffered similar damages or injuries, and have therefore been placed in a “class.” Certain requirements accompany class action lawsuits.
Each person in the group that was wronged must be notified of the case so that he or she can decide whether to join, opt out, or find his or her own private attorney. The plaintiff must show that his or her experiences are similar to the rest of the group, that a class action lawsuit is the best option for holding the defendant accountable, that the evidence against the defendant is similar throughout the entire group, and that individual lawsuits would not be worth the money or time required.
Mass tort claims are most often used when a group of people suffered an injury because of defective drugs or products. Mass tort claims do not require that each person suffered the same injury. The damage incurred from drugs or products often has different effects on each person, making a mass tort the better choice.
Mass tort cases allow one attorney or a small group of attorneys to represent a large group of people, each of them with their own individual claim.
Mass Torts vs. Other Personal Injury Cases
The most significant difference between mass torts and other personal injury cases is the number of people involved. Instead of one plaintiff and one or two defendants, mass torts are specifically used when large groups of people have been wronged.
The plaintiffs in mass tort cases all have similar claims. Even if each person has a slightly different experience or story, each claim has the same underlying issues and disputes. Additionally, the damages for each claim that the court awards are dependent on each other and are not separated from the other claims.
Common Types of Mass Tort Cases
Mass tort cases allow people who have suffered similar injuries from the same source to pursue justice collectively, making it easier to hold large corporations and entities accountable for widespread damage. Common types of mass tort cases include:
- Defective Medical Devices: You may have received a medical implant, pacemaker, or surgical mesh that was later found to be dangerous or defective. These devices can cause serious complications, infections, or require additional surgeries to remove or replace them.
- Pharmaceutical Drugs: Prescription medications that seemed safe during initial testing sometimes reveal devastating side effects after widespread use. You might have taken a drug that caused unexpected health complications, organ damage, cancer, or other serious medical conditions.
- Toxic Exposure: Environmental contamination from industrial activities, chemical spills, or contaminated water supplies can affect entire communities. You could have been exposed to harmful substances through your drinking water, air, or workplace environment.
- Consumer Product Defects: Everyday products like automobiles, appliances, or children’s toys sometimes contain dangerous defects that cause injuries. You may have been hurt by a product that failed to meet safety standards or had hidden design flaws.
- Industrial Accidents: Large-scale accidents at factories, refineries, or chemical plants can impact surrounding communities. You might have suffered injuries or property damage from explosions, chemical releases, or other industrial incidents.
- Sexual Abuse: Institutions like schools, religious organizations, or healthcare facilities sometimes enable or cover up patterns of abuse. You may have suffered trauma that affected multiple victims within the same organization or under similar circumstances.
What to Expect During the Mass Tort Legal Process
The mass tort legal process begins when you contact an attorney to discuss your potential case. Your lawyer will evaluate whether your injuries match the criteria for an existing mass tort or if your situation warrants starting a new case. During this initial consultation, you will provide medical records, documentation of your exposure or incident, and details about your injuries.
Once you join a mass tort case, your attorney will work with other lawyers representing similar clients to build a comprehensive case against the defendant. This collaboration allows for shared resources and legal arguments while providing your case with the individualized attention it deserves.
Mass tort claims are often filed jointly in federal court. Before the main proceedings begin, bellwether trials are conducted to test how juries respond to the evidence and establish expectations for potential settlements. Then, settlement negotiations typically begin. If negotiations succeed, you will receive compensation based on your individual damages. If no settlement is reached, your case proceeds to trial, where a jury will determine the verdict.
Our San Diego Mass Tort Attorneys offer Free Consultations!
Large corporations are difficult to oppose in court. They hire skilled, aggressive attorneys who will do anything to prevent you from receiving full compensation. Estey & Bomberger, LLP has experience facing big corporations in San Diego. We will fight for you in your mass tort case, so you can receive the compensation you deserve and begin recovering from the incident. Contact our Mass Tort lawyers in San Diego today for more information. (619) 295-0035