A tort is a civil wrongdoing that has been committed by one individual
which results in injury to another person. Corporations are considered
to be a legal “person.” The person who commits the tort is
legally liable for the harm they caused the victim to suffer. This means
that the injured party can sue to recover monetary compensation for their
mass tort is a single wrongdoing that results in injury to numerous individuals.
Mass torts involve multiple plaintiffs suing one or several defendants
who acted negligently. In general, the various individual plaintiffs in
a mass tort initiate a lawsuit based on harm that has been caused by one
The two most common mass tort claims are:
Consumer Product Claims: These claims typically involve numerous plaintiffs coming together to
seek compensation for injuries from defective or dangerous products.
Pharmaceutical Claims: Just like other defective or dangerous products, over the counter and
prescription drugs can also cause injury or result in death.
Before a large group of plaintiffs can sue a person or company, the lawyer
representing the plaintiffs will have to get the court’s permission
to file a mass tort action.
Courts consider the following things when deciding if they will give permission
for a mass tort action:
- The amount of plaintiffs that will be involved in the lawsuit
- If the plaintiff’s live near or far from one another
- The similarities between the injuries the plaintiffs suffered
- If the claims made by the plaintiffs are associated with a common cause
If the court decides that the proposed case fits the criteria for a mass
tort action, the case will usually be assigned to a judge quickly. The
judge can order that notice of the lawsuit be published in newspapers
so that others who might have been injured by the same product can choose
to join the mass tort action.
The difference between a mass tort claim and a “class action”
claim is that the plaintiffs have individual claims for distinct damages
in a mass tort action. Each plaintiff gets their own trial, whereas plaintiffs
in class action lawsuits aren’t considered on an individual basis
and instead are heard in one trial.
There are a few advantages to mass tort litigation. For one, the investigation
and preparation that is required for a mass tort case can usually be transferred
between clients, which can increase efficiency. At the Dean Law Firm,
we are familiar with product lability cases and we have the skills and
resources that you need to get the compensation that you deserve. We can
review your case and determine if it qualifies for a mass tort action.
Contact our Midland team of mass tort attorneys
to schedule your free consultation today.