By Patrick Nolen on February 13, 2024
Mass tort cases allow people to join forces and hold corporations and companies accountable for negligence and other forms of wrongdoing. By pursuing a mass tort, plaintiffs can pool their resources while sharing the costs and risks involved.
Mass torts can raise awareness regarding defective products on the market or corporations’ wrongdoing to make this world a safer place for everyone.
If someone’s negligence harmed you and other people shared a similar experience, you might want to consider starting a mass tort case or joining an existing one. Consult a mass tort lawyer to understand your options and get the assistance you need to navigate through the complexities of mass tort litigation.
What Is a Mass Tort?
A mass tort is a legal action that multiple plaintiffs pursue against one or several companies that caused them similar harm through the same action or product. The key difference between mass tort litigation and a class action lawsuit is that each plaintiff will sue as an individual, not as part of a single group.
The common link among plaintiffs is that they have all sustained similar harm. Multiple lawsuits filed against the same company will be consolidated into a single mass tort case for more efficient and streamlined proceedings.
Mass torts usually involve injuries caused by dangerous drugs, defective products, or toxic exposure.
However, if you suffered a loss that did not involve severe physical harm or someone’s death, a mass tort may not be appropriate for your situation. However, feel free to discuss your situation with an attorney who can guide you on what case to pursue.
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Difference Between a Mass Tort and a Class Action
When a group of individuals is harmed by the same act(s) of misconduct or negligence, they often consider filing a joint lawsuit against the responsible company. When this is the case, two popular types of legal actions are class actions and mass torts.
While they may sound quite similar at first glance, the two types of legal actions typically follow different paths to reach a solution.
Let’s discuss four key differences between these two types of actions:
- The burden of proof. Even though a mass tort is a collective action, each plaintiff’s case is considered individually, which means each plaintiff has the burden to prove the defendant’s liability and other facts of the case. In class action lawsuits, the entire group of plaintiffs is represented by a class representative to prove the elements of the case on behalf of the plaintiffs.
- Compensation. In class actions, compensation is usually divided among the members of the class, after deducting the fees of lawyers and court charges. This is generally a lot different in mass torts, where there is no division of compensation between the plaintiffs. Every plaintiff receives compensation in proportion to the harm they suffered.
- Procedures. A mass tort suit consists of individual actions for each plaintiff who must argue their case individually. In a class action suit, there is typically only one case to litigate.
- Judgment. When a judgment is rendered in a class action suit, it applies to all plaintiffs equally. In mass torts, on the other hand, judgments usually apply separately.
If you are considering initiating or joining a mass tort or a class action lawsuit, understanding the differences between these two options enables you to make an informed decision about which course of action to pursue.
Common Types of Mass Torts
As mentioned earlier, a mass tort is a legal action that brings together multiple plaintiffs who have a similar claim against one or several defendants. There are five most common types of mass torts:
Defective products are arguably the most common reason for a mass tort. These types of lawsuits occur when a company produces a product that does not meet the safety standards or has defects that cause harm to consumers.
Defective products that commonly lead to mass tort cases include faulty vehicles, medical devices, or electronics. If you have been harmed due to a defective product, you may not be the only person harmed by that product.
Fact: 12.7 million Americans went to emergency departments with injuries caused by consumer products in a previous year. Some of the products that caused harm to consumers that year can have been defective.
Hazardous Chemicals
Hazardous chemicals can pose a tremendous risk to public health and safety. When a company negligently exposes its workers, customers, or third parties to harmful chemicals, individuals harmed by those chemicals can join forces and pursue a mass tort against the company.
Harmful chemicals may come from various sources such as pollution from factories, pesticide exposure, and asbestos exposure, to name a few. These mass torts can be complex, time-sensitive, and require the involvement of skilled scientists.
Dangerous drugs can cause lasting physical and emotional damage to consumers. The pharmaceutical industry is known for introducing drugs that have not been adequately tested, potentially leading to devastating injuries and even fatalities.
Prescription drugs containing harmful ingredients or drugs that do not have adequate warning labels may warrant a mass tort lawsuit. These types of cases typically require extensive research and cooperation from medical professionals.
Environmental pollutants refer to the contamination of air, water, and soil by chemicals that can cause harm to human health and the environment. These mass tort lawsuits may arise when companies or other parties negligently dump hazardous waste that results in long-term exposure to toxins.
These pollution issues may lead to widespread injuries or deaths, especially in communities surrounding large industries or power plants.
Natural Disasters
These cases arise when people suffer an injury or suffer significant damage due to a natural disaster like hurricanes, earthquakes, fires or floods. Mass torts related to natural disasters often take a different form than other types of mass torts, as these incidents are usually unpredictable and are not caused by human negligence.
However, companies can be held responsible for injuries or harm caused by natural disasters if they fail to take necessary safety precautions. In addition, a mass tort action may be pursued if an insurance company fails to pay out claims arising from a natural disaster.
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What Are the Benefits of Joining a Mass Tort?
If you know you are not the only person who has experienced harm due to the defendant’s negligence or misconduct, you may be faced with the tough decision: to file an individual lawsuit or join a mass tort.
Mass tort litigation offers several benefits, including:
- Increased chances of compensation. One of the main advantages of joining a mass tort is that it increases your chances of receiving compensation for the harm caused. By joining a group of plaintiffs, you have a stronger claim against the defendant, as you can pool your resources and evidence with people who have suffered similar harm. Generally, the lawyers representing a mass tort also have more experience and experience in handling such complex cases, which gives all plaintiffs a better chance of winning a settlement or verdict.
- Reduced costs and fees. Another benefit of being part of a mass tort is that it reduces the costs and fees associated with a lawsuit. If you were to file an individual lawsuit, you will be responsible for all legal fees and expenses on your own. Those fees and expenses can total hundreds if not thousands of dollars. In a mass tort, some of the costs are shared among all plaintiffs, making it more affordable and accessible for everyone.
- Streamlined process. Mass torts are different from class-action lawsuits in that each plaintiff has their own case and can receive compensation in proportion to their individual damages. However, because the lawsuits are against the same defendant and involve similar evidence, they can be streamlined into one case. This means that the legal process is more efficient and faster than if each plaintiff pursued their own lawsuit individually. Additionally, a mass tort can put pressure on the defendant to settle the case rather than going through a lengthy and public trial and potentially causing lasting damage to their reputation.
- Support and guidance. Joining a mass tort can also provide you with a sense of support and guidance during a difficult and complex legal process. You will be part of a community of people who have experienced very similar damages and want to get justice. This can be comforting and reassuring, as you can share your experience and learn the stories of others.
- Hold the defendant accountable. By joining a mass tort, you can contribute to holding the defendant accountable for their actions. When a corporation puts profits over people and causes harm, it should be held responsible. Mass torts are a way of sending a message that these actions will not be tolerated and that victims deserve justice. By standing up against big corporations, you are contributing to a fairer and more just society.
By joining forces in mass tort litigation, each party harmed by the defendant may enjoy a sense of solidarity and satisfaction in realizing that they are not alone in this fight.
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Factors That Impact the Timeline of a Mass Tort
The timeframe for a mass tort varies from one case to another. Generally, however, it takes several years to resolve the case, though some complex cases may last a decade or more.
How long it will take to resolve a mass tort lawsuit depends on the length of the following processes:
- Locating potential plaintiffs. One of the most time-consuming parts of a mass tort case is finding plaintiffs who have experienced similar harm. Depending on the type of case, there may be hundreds or even thousands of people affected. Finding these individuals and verifying their claims can take months and, in some cases, even years. Attorneys will need to determine whether each person has a legitimate claim and navigate the complex legal process of joining them as a plaintiff in the case. The more plaintiffs involved, the longer this process can take. Do keep in mind that mass torts are subject to the same statute of limitation rules as other civil lawsuits. In Tennessee, the statute of limitations gives plaintiffs one year from the date they suffered a physical injury to bring a legal action. Alabama gives two years.
- Finding expert witnesses. Expert witnesses are a pivotal part of any mass tort case. These individuals with specialized knowledge and experience in the relevant field provide evidence and testimony to support the plaintiff’s claim. However, finding qualified professionals can be a challenge. Depending on the matter at hand, expert witnesses may need to have specific experience, credentials, or knowledge about the subject. Attorneys may have to search far and wide to find the right person for the job. Potential candidates will also need to take some time to review documents and prepare their testimony, which can slow down the case considerably.
- Conducting investigation. During investigations, attorneys need to gather all available evidence, locate plaintiffs, collect medical records, and interview witnesses, among other steps. Each of these steps takes time, especially when there are many plaintiffs involved. In some cases, the attorney may also need to work with government agencies or other organizations to obtain critical information. Each piece of evidence can be critical to the case, so the investigation process cannot be rushed.
- Following procedures. Mass tort cases involve complex legal procedures that must be followed precisely. Attorneys need to file the case in the appropriate court and comply with deadlines for submitting evidence and arguments. They must also adhere to discovery rules, which govern how information is shared between the parties. These procedures can impact the timeline of the case and any delays in filing or complying with discovery requests can prolong the entire process.
Ernest Cory, Mass Tort Lawyer
Given the complexity of these cases, it is not possible to estimate how long it will take to litigate a mass tort. However, you might want to consider speaking with an experienced personal injury lawyer to discuss what you should expect if you join a mass tort.
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