Mass tort cases enable a group of plaintiffs to file a claim or lawsuit against one or more liable parties to recover compensation for damages resulting from their negligence. There are many types of mass tort cases that can give plaintiffs the chance to get total compensation for injuries and other types of damages in a way that’s similar to class action lawsuits.
What Is a Mass Tort?
Individuals and attorneys may file mass torts when multiple plaintiffs have sustained various damages because of another party’s negligence. Defendants in these cases could include individuals or entities responsible for causing harm to groups of individuals through a single incident.
Why Are Mass Torts Filed?
When one or more negligent parties cause harm to multiple plaintiffs, the plaintiffs involved may choose to file a mass tort or class action lawsuit. Many people perceive these cases as the same, but they are different in the way they treat plaintiffs. While class action suits lump all plaintiffs together in the same qualified “class,” mass torts consider each plaintiff as an individual.
One of the main advantages of a mass tort is the ability to file a case as an individual, as opposed to a group of people with minimal control. You can opt out of class action lawsuits before they begin, which is ideal if you stand to win more with an individual lawsuit than you would with a class action lawsuit in which compensation distributes evenly among all plaintiffs.
What Are the Most Common Types of Mass Torts?
There are several types of mass torts that plaintiffs may file, depending on the specific circumstances of their case.
Some of the most common mass tort case types include:
Injuries from Prescription Drugs
Pharmaceutical companies and medical professionals may be liable in mass torts if injuries result from the use of prescription drugs. For example, pharmaceutical companies may fail to disclose side effects or properly test drugs before giving the public access to them, making them liable for subsequent harm. Meanwhile, a doctor could be liable if he or she prescribes the wrong medication or dose to multiple patients.
Defective Medical Devices
Many types of medical devices could cause injuries to patients because of defective designs or construction. Everything from robotics used during surgery to prosthetics and surgical instruments could cause serious or even fatal injuries to individuals because of different types of defects. In these cases, manufacturers may be liable for different types of injuries resulting from defective devices.
Manufacturers of various products may also be liable for injuries or illnesses resulting from defective designs, manufacturing, or marketing materials. Products may not include labels indicating their dangers, for example, or defects may cause injuries even when people use the product as intended. Some products can also expose individuals to certain injuries and illnesses from toxic chemical exposure.
Another type of mass tort case may involve catastrophes affecting many people because of an individual or entity’s negligence. As an example, an apartment complex might collapse because of defective construction, causing structural deterioration that eventually leads to a collapse and serious injuries or fatalities and making the construction company liable. Other catastrophes could include fires and explosions resulting from negligence or malicious intent.
How Long Do Mass Tort Cases Take?
Mass tort claims often take a long time to settle, with multiple influencing factors impacting the entire timeline.
Some contributing factors that might prolong a case include the following:
- Gathering Sufficient Evidence — There are many types of evidence that can go into mass tort cases to prove negligence and subsequent damages. This evidence may include medical bills, witness statements, and other documentation that’s crucial in showing how the defendant’s negligence caused harm to all plaintiffs in the case.
- Accounting for All Plaintiffs — A mass tort case may start with a few plaintiffs, but attorneys will need to identify all potential individuals who can become a part of the mass tort claim. This process could entail attorneys connecting with people within a specific affected region or reaching out to people on social media channels.
- The Claims and Legal Process — These cases involve various processes that can further extend the timeline for mass torts, such as investigating the case, filing all relevant paperwork, negotiating with insurance companies, and presenting evidence during the trial process.
If you want to accelerate the process, your attorney may recommend specific steps. For instance, you should follow your attorney’s legal advice, be honest about your experience, provide your attorney with as many details as possible to help your case, and avoid waiting until the statute of limitations for your case runs out to begin your case.
How Do I Join a Mass Tort Lawsuit?
You may be able to join a mass tort lawsuit in a couple of different ways, depending on the progress of the case and the number of people involved.
If the case is new and lawyers aren’t already handling multiple lawsuits related to it, you may reach out to a mass tort lawyer to potentially begin a mass tort case if others have sustained injuries and other damages from the same negligent party. On the other hand, if there is already a case involved, you should try to connect with the lawyers handling the case.
When you reach out to a mass tort lawyer, you’ll be able to sit with an attorney in a free consultation to discuss your case. The attorney will take this opportunity to learn more about the factors involved and determine whether you have a valid case. He or she can also determine if your case qualifies as part of an active mass tort case.
Understanding what a mass tort case is and what it involves may help you get started on a case of your own if you and other plaintiffs have sustained damages because of another’s negligence.
Chicago personal injury and workers’ compensation attorney Howard Ankin has a passion for justice and a relentless commitment to defending injured victims throughout the Chicagoland area. With decades of experience achieving justice on behalf of the people of Chicago, Howard has earned a reputation as a proven leader in and out of the courtroom. Respected by peers and clients alike, Howard’s multifaceted approach to the law and empathetic nature have secured him a spot as an influential figure in the Illinois legal system.