Everything You Need to Know About Mass Tort Lawsuits
When hundreds or even thousands of people sustain injuries or develop an illness for the same reason, it’s important to determine who and what has caused it. Determining the liable party for these injuries and illnesses can help the victims recover compensation for their losses. In addition, holding the liable party accountable can even stop them from selling a faulty or dangerous product.
A mass torts attorney can provide information about what you need to know about mass torts lawsuits and inform you of the steps you need to take to pursue the other party. You can count on them to file the case, investigate what happened, and provide enough evidence to prove you deserve the compensation you seek.
What Is a Mass Tort Lawsuit?
A tort is when someone commits an act or omission that injures someone. A mass tort is any act or omission that harms or injures many people. They are not single cases; they are groupings of cases. For example, when groups of people file lawsuits against the same company alleging the same issue, it constitutes a mass tort. These lawsuits often involve multidistrict litigation (MDL) to resolve the issues and use fewer court resources.
Common Types of Mass Tort Lawsuits
Mass tort lawsuits happen all over the United States. These lawsuits can help people who sustained injuries or illnesses from products hold the liable party accountable. Common types of mass torts lawsuits include:
Dangerous or Defective Products
Dangerous products can cause significant harm to people. All products must meet safety standards from the initial designing phase to when they end up in the consumers’ possession. Cases involving dangerous or defective products could include one or several liable parties, such as:
- The product manufacturer
- The product designer
- The product distributor
Identifying which phase of the manufacturing process the product became defective can help determine liability. A mass torts attorney can usually investigate to establish who caused a defect in the product.
Exposure to Toxic Substances
If large groups of people sustain an injury or illness because of exposure to a toxic substance or chemical, they can file a lawsuit against the liable party. Examples of situations where someone could face exposure to a toxic substance include:
- Coming in contact with a dangerous chemical at work
- Living near a factory or another entity that releases toxic chemicals in the air
- If toxic substances are in foods or medications
Toxic exposure can lead to various health complications, including cancers and neurobehavioral effects.
Defective Medical Devices
Advances in medical technology have significantly improved the lives of many people across the world. While these products have a lot of positive effects, if they are defective, they could cause severe injury or even death. People trust medical devices to perform as expected. If not, they could suffer harm.
Examples of medical devices could include:
- Hip replacements
- Breast implants
- Heart pacemakers
- Hernia mesh
If many people sustain the same injuries from the products, they could file a mass torts lawsuit against the manufacturer.
Proving Negligence in a Mass Tort Lawsuit
The key to recovering compensation in a mass tort lawsuit is to indicate the person or entity who is liable caused the injuries. To prove they were negligent, the injured party and their attorney must show they satisfied the elements of negligence. The elements include the following:
- The liable party owed the plaintiffs a duty of care.
- They breached their duty and acted negligently.
- Many people sustained injuries or developed illnesses because of the breach.
- Many people suffered losses because of the breach of duty. Examples of losses may include pain and suffering, medical bills, lost income, and reduced earning capacity.
It’s beneficial to find a mass torts attorney who has handled similar cases and knows the steps to take to fight for the rights of the injured. By doing this, manufacturers and others who make defective products can be held accountable and stop selling products that harm people.
The Difference Between a Mass Tort and a Class Action Lawsuit
Mass tort and class action lawsuits both involve groups of people suing a person or entity for acting in a way that harms others. Although they have the same goal of recovering compensation for the injured parties, there are differences.
The main difference is that in a mass tort lawsuit, the injured parties group together for the lawsuit. Each party has its own lawsuit and will receive its own settlement or award. With a mass torts lawsuit, if some parties have sustained more severe injuries, they could recover more compensation than someone who has minor injuries.
In a class action lawsuit, a group of people sues the liable party. When the parties reach a settlement or the plaintiffs receive a reward, the monetary compensation splits between everyone within the class action.
A Mass Torts Attorney Can Help With Your Case Today
For more information about everything you need to know about mass torts lawsuits, an attorney can help. They may provide information about the differences between an individual personal injury lawsuit, a mass torts lawsuit, and a class action lawsuit. They can also guide you through the process and help you navigate through difficult legal issues.
Connect with an attorney today by filling out the contact form. A mass torts attorney from our network can get in touch with you for a free consultation. During the consultation, you can discuss the circumstances of your case, and they can provide information about possible types of compensation you could recover. Don’t miss out on holding the liable party accountable, and speak with an attorney today.