If you suffered from an injury that can be a result of things like a product a company puts out, then you may have a civil lawsuit that you can file against that company. You are entitled to compensation if a company or other organization was responsible for your injury. By reading on, you can learn more about mass torts and how they differ from class action lawsuits.
What are Mass Torts?
Simply speaking, when you are talking about a tort you are talking about civil wrongs rather than a criminal wrong. Tort law, which is also often referred to as personal injury law, are more about ensuring that the injured party gets compensation for their injuries rather than being about punishing the party who was negligent or intending to cause harm. A mass tort refers to a lawsuit that has multiple injured parties who are seeking out compensation. These may also have multiple defendants. Some examples of mass torts include:
- Hernia mesh
- Hip replacement
- IVC filters
- Zantac
- JUUL Opioid Litigation Xarelto/Pradaxa
- RoundUp
- Talcum powder
- Truvada
- Taxotere
Why can you benefit from mass tort cases? The biggest benefit is the economic benefit. Civil lawsuits can be very expensive, and you may not be able to afford to fight for the compensation that you deserve. It can also be harder to prove these cases, due to the burden of proof being solely on you. However, with mass torts you can remove some of these problems. The economic benefit is that the costs of the cases are shared amongst all the plaintiffs. All of the evidence is also shared amongst the different teams, increasing your chance of winning your case.
Understanding Mass torts and Class Actions
In both class action lawsuits and mass torts lawsuits, you are dealing with multiple plaintiffs who have the same claims against the defendant(s). The lawsuits in both of these situations are rolled into one action rather than several different lawsuits. While these are the similarities that these difference cases share, there are some important differences to understand between these two types of cases.
The biggest difference between class actions and mass torts is how the plaintiffs are treated. Mass torts typically have a smaller group of plaintiffs, where each of the plaintiffs are treated as individuals. With class actions, the group of plaintiffs are represented with a single plaintiff. This means that every plaintiff in a class action is treated as that one plaintiff rather than as an individual.
There are different situations where either of these options are used.
Class Actions
There are specific criteria and characteristics that need to be met in order to be qualified for a class action lawsuit. These include:
- The questions of fact or law are common to the case.
- The class is so large that it’s not practical to have individual cases.
- The claims or defense of the represented parties are the same as the other claims of the class.
- The parties that are representing the parties will adequately protect the entire interests of the class.
Any individuals who are in the class need to be notified of the suit and must be offered the opportunity to opt out or find their own lawyer to fight for them.
Mass Torts
If there are any criteria that is not met for a class action lawsuit, then these cases usually become mass tort actions. Mass torts may be used instead of class actions if the facts of the case are too different and mean that it doesn’t qualify for the “common issues” situation for a class action lawsuit. Typically a mass tort action is used when the consumers are injured by a defective product or medications on a larger scale. The reactions that the consumer may have can vary, meaning that these cases don’t generally qualify for a class action lawsuit.
A Final Note
If you’re not sure whether or not you qualify for a mass tort case, that’s where a mass tort lawyer will come in. For the most part, mass torts are far more complex than the standard class action lawsuits. Since these are so complex, you may have a lot of questions as to what your rights are and how you should move forward with your case. That’s why you need to get a lawyer who has the knowledge and expertise in mass torts and class action lawsuits to help you see what the best approach is for you.
How Mass Tort Lawyers Can Help?
These are very complex cases, which is why it’s so important that you hire a lawyer to help you through the process. The first part of these complex cases to learn about is how damages are handled in these cases. Every plaintiff will likely have their own unique situations, including the level of injury they suffered from and other damages that they can claim. The damages that are awarded to each plaintiff will vary, depending on the severity of their injuries. Which damages are you eligible to receive for your claim?
Some damages that you can recover include:
- Current and future medical care, including therapeutic treatments.
- Current and future loss of income.
- Disability
- Pain and suffering
- Emotional trauma
- Mental anguish
It’s important to know that in Florida, you only have 4 years to file a claim from when you were injured or when the injuries were discovered.
If you think that your injuries could be qualified for a mass tort claim, you should get in touch with a lawyer as soon as possible. As previously mentioned, there is a statute of limitations of 4 years from when you were injured or when you discovered your injuries. This means that you need to act quickly if you are going to get the compensation that you deserve for your injuries. Attorneys will typically offer a free consultation, which means that you have no excuse not to act as quickly as possible to ensure that you don’t miss out on your chance to collect the compensation that you are entitled to.
When you are looking for a lawyer, it’s important that you find a mass torts lawyer who specializes in mass torts or class action lawsuits. These are very complex cases, which is why experience really matters to ensure the best outcomes possible. These types of cases will not generally follow the typical legal procedures that you would expect in other personal injury cases. These cases are a much larger scale with multiple plaintiffs, meaning that there is a great deal of care required in order to get the best outcomes.
Seek out a legal team that has experience when it comes to fighting mass tort actions that involve medical devices, defective medications, and various other liability claims. You were injured as a result of using these products and you are entitled to fair compensation.
Contact Us Today
The Injury Firm is here to help you better understand mass torts and help you to get the best outcomes for your case. Our team has experience when it comes to mass torts, which can help you feel more at ease with the process. Our knowledge and experience are what makes us stand out as the reliable team that you need on your side. We always have your best interests at heart, ensuring that you get the best outcomes possible. You deserve a fair settlement and compensation, so our team will fight hard for you. If you have a mass tort lawsuit, contact us today for a free consultation to see how we can help you.
