Mass Tort Attorney
What Is A Mass Tort?
A mass tort is a legal action that is similar to a class action suit, but which has several important differences. Like a class action suit, a mass tort involves a large group of plaintiffs who have suffered harm or damage from a third party. In addition, both a mass tort and a class action suit involve a common group of defendants who are accused of causing the damage or harm in question, and all the claims are combined into one legal action rather than a number of individual lawsuits.
However, the difference between a mass tort and a class action suit is that in a mass tort, each claimant is still treated as an individual even though they are suing as part of a big group. That means that each claimant in a mass tort must still provide evidence that proves their own individual claim, and provide evidence of damages and pain and suffering.
But in a class action suit, each claimant is represented as a single entity, which means that they are all considered to be one plaintiff and do not have to prove their claims on an individual basis.
What Are Some Common Characteristics of a Mass Tort?
Mass torts have three distinct characteristics that make them different from other kinds of personal injury claims, including:
- Large number of claims involving a product or device
- Large number of claims that share the same facts and issues
- Large number of claims that have resulted in similar damages and losses
Common Types of Mass Torts
There are several types of mass torts that are commonly argued in a court of law, including:
- Medical Device Mass Torts – when a medical device causes harm and loss to a large number of people, this often results in a mass tort against the device’s manufacturer.
- Medication Mass Torts – medication that causes adverse reactions in a large number of people.
- Toxic Substances Mass Torts – toxic chemicals or other substances that cause health problems among a group of people.
- Disaster Mass Torts – after a natural disaster, such as a tropical storm strikes a city or a town, and evidence reveals that the resulting damage could have been prevented. This can also include man-made disasters that result in injuries and even death.
- Product Liability Mass Torts – the manufacturers of a product that is defective and causes injury, harm or loss can be sued for not providing consumers with effective warnings, or for misleading consumers about the potential risks of using that product.
The Importance of An Experienced Lawyer Who Has Handled Mass Torts
It is very important that you hire a personal injury lawyer who can determine the reasons why your case is best handled as a mass tort, rather than as a class action suit. In some instances, there are legal reasons why your case must be pursued as a mass tort, but only a lawyer can explain those reasons to you so you understand all your legal options.
The team at David K. Wilson & Associates has the experience and our law Firm with mass torts, and we would love to talk to you about your situation. Please call 903-870-9050 for a free consultation.