Examples Of Mass Torts
Mass torts claims involve a considerable number of victims who a party has injured. All of them are entitled to financial compensation for those injuries, but the compensation they are awarded will vary based on the damages unique to each individual. There are seemingly countless ways in which their damages might have occurred.
Some damages that may give rise to in a mass tort suit include:
- Factory pollution making people in a neighboring town ill.
- A prescription medication that causes sickness or injury to those who have taken it.
- A defective medical device, like a metal-on-metal hip replacement that develops serious medical complications.
- A pesticide that is used on farms and causes sickness or injury to farmhands as well as people who live in the area.
- A company that has a chemical spill or leak which contaminates the groundwater and makes dozens or even hundreds of people sick.
- A company’s product turns out to be highly flammable and causes burn injuries and other damage to consumers.
The victims would all share comparable injuries caused by a company’s product or actions in these instances. The compensation that each individual is entitled to might be different for each case and demand personal attention. Reaching out to a mass tort lawyer in Huntsville will help you figure out if you qualify for financial compensation from this kind of personal injury claim.
How Do Mass Tort Cases Work?
Suppose you and other victims were injured in a way that is similar or stemmed from similar corporate misconduct. In that case, we encourage you to speak with our mass tort lawyers in Huntsville to pursue filing a claim. Even though many mass torts are tried at a federal level, these claims may also be filed in federal or state courts. The events surrounding your claim will dictate whether it is a state or federal case.
If your mass tort attorneys in Huntsville become aware that you are just one of the multiple plaintiffs that plan to or have already sued the same or same kind of defendant, they can request the court’s permission to proceed with a mass tort claim. When making its decision, the court will consider the following:
- The total number of plaintiffs involved in the case locally and nationwide.
- The plaintiff’s places of residence.
- If the plaintiffs have all sustained the same or similar injuries.
- Whether their claims were incited by the same or similar circumstances.
- The region where the defendants conduct business or are incorporated.
If the court permits your Alabama mass tort lawyer to go ahead with a mass tort claim, it will then allocate a judge to be in charge of the cases. While there may be many other lawsuits, yours will remain entirely your own. Your mass tort attorneys in Huntsville will help you prove the facts of your claim that will lead to an award or settlement. Any recovery you receive is yours alone.
Mass Tort Lawsuits vs. Class Action Lawsuits
Most people think that a mass tort suit and a class-action suit are two different terms describing the same thing. Although they do share many of the same elements, they have one major difference. In a class-action lawsuit, a single lawsuit is filed against a single defendant on behalf of a large group of plaintiffs. One plaintiff, or possibly a small group of plaintiffs, will represent all members of the suit.
In these cases, each individual victim is not required to establish their damages. Rather, the class-action representatives seek to prove the defendant’s liability along with the damages sustained by the members in a single lawsuit.
When the plaintiff obtains a court award or settlement, it will be split between all the members of the class. In the majority of class action suits, the court award or settlement will come with a provision that includes attorneys’ costs and fees so that the individual or handful of complainants are not left to pay the class’ legal fees on their own.
If you are uncertain whether or not your case would benefit from a mass tort or a class action suit, schedule a free consultation with one of our reputable Huntsville mass tort attorneys. They will examine the facts of your case and determine whether you have a valid legal claim and, if so, what the wisest course of action will be for your specific circumstances.
