Choosing the right Mass Tort attorney can mean the difference between being compensated for your injuries and being left out in the cold. A Mass Tort is a civil case, typically involving a large group of plaintiffs where they have been injured by defective drugs, medical devices, or other products. Let Thomas J. Henry explain the different types of cases we handle in today’s blog post.
Although Mass Torts sounds similar to a class-action lawsuit, there are major differences between the two. A class-action lawsuit is all-encompassing and does not name specific parties but instead aims to have the defendants alter their product and pay previous users of the product. During a class action, any compensation obtained will be divided equally. Mass Torts names specific parties and pools together the resources and evidence of the parties to build a case. Each plaintiff will file their claim and be compensated accordingly.
Both Mass Torts and Class Action claims require that a significant amount of plaintiffs want to sue a sole defendant for a similar reason. The court will determine if a Mass Tort suit is the appropriate method of legal recourse. If it is determined to be appropriate then a public notification is required. This means notification will be sent through television and print were relevant to allow other plaintiffs to step forward and file suit.
One final thing to keep in mind regarding Mass Torts is the potential for multidistrict litigation. This process happens when various claims are filed in federal court and the lawsuits are then joined together before a federal judge. The judge will then appoint a team of attorneys for discovery. This legal proceeding will take years to come to a resolution. Each situation is unique and the most qualified person to determine your best legal option is a Mass Tort attorney.
Mass Torts encompass a wide array of areas and the most common include:
Although these are the most common there are many more areas that can be found under Mass Tort law such as:
The list goes on and on, just because you do not see it listed here does not mean it is not a potential Mass Tort case. Only an experienced Mass Tort attorney can help you determine the correct legal route for your specific circumstance.
Five elements go into a Mass Tort claim starting with the factual and legal issues raised by injuries, the litigation’s risk profile, and the conflicts of interest in collective litigation. The final two elements are the issues that future injuries and future plaintiffs pose for possible settlement and the court’s dilemma regarding aggregate cases.
Thomas J. Henry has helped thousands of clients nationwide obtain compensation for mass tort-related illness and injury. Contact Thomas J. Henry today by calling 866-517-5659 to schedule your initial consultation today.