In law, a tort is a civil wrongdoing that occurs when someone harms someone else. A personal injury case arises when one party harms another. An example of such a case is a motor vehicle wreck. In most states, when a careless driver causes a crash, an injured driver may file a claim to seek financial compensation from the at-fault motorist’s insurance company.
Mass torts occur when a single party harms people on a larger scale. For example, perhaps the manufacturer or designer of a medical device ignores a defect or design flaw. In this scenario, thousands of individuals could sustain harm.
Many of the injured people’s cases will be very similar. Thus, it makes sense to litigate them within the same courts. Handling multiple similar cases within one court can allow the court to process these cases with greater efficiency.
No. Mass torts and class action lawsuits are similar in some ways. They both arise when one party harms numerous others. In both cases, the type of harm plaintiffs sustain may be similar.
However, in a class action lawsuit, a single case covers all plaintiffs. This affects how much compensation an individual plaintiff may receive. When a case is resolved, and a settlement is offered or a jury awards damages, each plaintiff receives a share of the compensation.
A mass tort is different. When you file a mass tort suit, your lawsuit is separate from all others. Thus, you don’t need to share your compensation with other plaintiffs.
Do you believe you have grounds to file any of the above types of claims or lawsuits? Call a mass torts lawyer. Legal professionals at a firm handling mass torts can assist you by:
Be aware that most mass torts law firms enter into contingency fee agreements with new clients. That means that their fee is a percentage of the compensation a client receives. If you hire an attorney who works on a contingency fee basis, you only have to pay for their services if they get money for you.
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Please note that laws vary by state. This website provides general information and examples of rules or case outcomes that may apply in some jurisdictions. These examples should not be interpreted as guarantees that the same laws or results apply in your state or in any specific case.
One particularly important legal rule is the statute of limitations, which sets strict deadlines for filing a lawsuit. Missing this deadline, no matter how valid the claim or severe the injury, can result in the case being dismissed. While some states allow two years to file negligence claims, others may allow more or less time.
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