What is a mass tort claim?
A mass tort claim is a civil action that has many plaintiffs involved with a similar issue towards a defendant corporation. These law suits can be venued in state or federal courts, depending on the size and issues at hand.
How they are different
The main difference between a mass tort and another personal injury lawsuit is that mass torts must have multiple, if not many, plaintiffs involved with a uniform claim. The claim is generally towards a single defendant corporation, however they may be a few involved.
The benefit in this type of suit is that many plaintiffs may be able to recover damages without having to separately consult attorneys and try all of the cases separately. This is especially beneficial for product liability law, in which every person harmed can recover from damages caused by an unsafe product or drug released to the public, without the need of each individual to file their own suit.
Is mass tort the same as class action
No, mass tort cases and class action cases share similarities, such a
The primary difference between a class action and a mass tort case is that in a mass tort, each person is treated as an individual, and their individual damages and problems will be considered for their claim. Each plaintiff must share a uniform issue (such as taking a harmful prescribed drug), though they will react differently to it, and some will be hurt more than others. This is why mass torts allow for individuals to seek damages separately.
In a class action suit, all plaintiffs must be filing for the exact same damages, because this type of claim does not treat each person filing for damages separately. Popular class action cases would be recalled products that to not function properly, or warranty issues that are uniform across an entire customer base. This would allow each affected individual to “join” the claim, and recover the same amount from the claim as every other individual who needs to replace their product.
What is a MDL case?
A multidistrict litigation (MDL) claim refers to a procedure used to handle a large number of similar cases by having a single court handle all of the related cases. These types of cases are most common for product liability claims, ones in which a product has caused damages in multiple districts or even states. The defending corporation could request each individual claim against them to be ruled in a Judicial Panel of Multidistrict Litigation (JPML) so that they would not need to go to fight each individual case but rather all of them at once at a single time, to make things more efficient for everyone involved.
Cases are handled on a contingency fee. This means that you will owe $ 0 upfront and $ 0 out of pocket for the entirety of your case. If your case is not successful for any reason, you will not owe any money. If you case is won, the attorney is awarded a percentage of the funds recovered, still $ 0 out of pocket.
Our Process: IT’S SO SIMPLE
- Call us at your convenience for a free consultation.
- Call for free consultation to see if we can help you with your potential claim. If we feel that we are able to assist you on your claim and you decide to hire us, our intake personnel will begin the process.
- They will collect all information they need from you to begin the process of your claim; this should take 10-15 minutes.
- Your paralegal/attorney will work your case to completion
- Once the intake process is complete, you will be contacted by your paralegal/attorney working on your case, and they will see your case to completion.
- If at any time during the workings of your case you have any questions, feel free to contact your paralegal/attorney with any related questions
- If they need any more information or assistance from you, they will reach out immediately. Though it takes time to work through and process a legal case, our attorneys are proven to tackle every obstacle along the way in the most efficient and successful manner.