Sometimes a large number of people sustain injuries from the same source, such as a defective product, dangerous drug or a bridge collapse. Mass tort refers to the type of lawsuit that occurs when a large group of people injured by the same individual or organization takes their case to a single court. Mass tort litigation, also called multidistrict litigation, means that those affected come from districts near and far to make their case before an appointed judge.
Though it sounds similar, mass tort litigation is different from a class action lawsuit because the latter is a single case. Each person affected in a mass tort case must file his or her own individual lawsuit. However, claimants in a mass tort case can choose a single firm or attorney to represent them. The courts consolidate these cases for the first part of the lawsuit, which organizes the collection and distribution of evidence. Sometimes, the court also considers issues of liability all at once. After the completion of these initial tasks, each claimant will have the opportunity for an individual trial against the defendant.
It takes an experienced law firm to successfully handle a mass tort case. Colson Hicks Eidson has handled mass tort cases to great success in its 40-year history from its Miami law office for clients located nationwide.
Below are cases that our attorneys have been involved with, including:
A tort is a legal term for an injury caused by another person’s negligence. Failing to act as a reasonable person would, under similar circumstances, may be deemed negligent by a judge or jury. When this negligent conduct causes injuries or suffering, the injured victim may file a personal injury claim for compensation.
Mass torts are appropriate when many people suffer injury from the same source. Unlike a class action lawsuit, each person in a mass tort can seek the compensation they deserve rather than split a settlement or verdict.
The process of filing a mass tort includes several individuals filing a lawsuit together as plaintiffs. The elements of the case shared by all plaintiffs will be reviewed together. Other parts of the case that are more unique, such as the type of injury or severity of the injury, would receive separate consideration. A successful mass tort claim provides each plaintiff with a settlement offer, or the choice of pursuing more conformation. Examples of mass torts include:
Mass torts appeal to plaintiffs that suffer different injuries. For example, if many people suffer harm from a defective drug, it is common for those individuals to endure different physical and emotional reactions. The severity of their harm may range from minor skin irritation to life-altering consequences and even permanent disability. A mass tort provides a way to combine legal claims while securing the appropriate compensation for each plaintiff.
The types of damages that may be available in mass tort litigation include:
A class action lawsuit is a method for people with similar damages to seek compensation from the same at-fault party. In comparison, mass torts provide people with varying injuries from the same at-fault party to bring a consolidated claim for different compensation. Mass tort litigation involves injuries and class action lawsuits can address other kinds of legal claims, such as property damage. A class action lawsuit strives to secure the same result for a group of people. Mass tort produces different results for plaintiffs.
Additionally, mass tort plaintiffs do not share or split a settlement or result in their case. Each settlement or mass tort verdict is handled for that particular plaintiff. This case-by-case analysis provides a way for plaintiffs to receive the compensation they deserve.
A benefit of mass tort litigation is that it does not clog the court system. Potentially, mass tort litigation is a more efficient process for individual plaintiffs harmed for the same reason. In some situations, multidistrict litigation can assist in the process of gathering evidence and sharing knowledge about the value and legal standing of the case.
Generally, in a mass tort, combining your legal claim with those of other, similar claims provides a way to:
Mass tort cases involve a large number of individuals. However, our product liability attorneys never let a client fall through the cracks. Simply because our clients were all harmed by the same source does not mean that they were all harmed in the same way. We take the time to fully understand the perspective, experience and needs of each of our mass tort clients.
For more information about how we can assist in your particular situation, contact our mass tort law firm today. We would be happy to schedule a consultation with one of our attorneys.
Our office can also be reached by calling 305-476-7400.