Mass tort claims arise when many complainants suffer injuries from a common defendant. These claims are civil suits, which differ from criminal cases that could lead to jail time. In mass tort cases, plaintiffs seek justice and monetary compensation to cover their medical expenses, lost income, and other damages resulting from their injuries.
These civil lawsuits also provide an avenue for plaintiffs to take legal action to hold large corporations accountable for wrongdoing and negligent acts that have harmed many individuals.
Courts handle plaintiffs in mass tort claims individually, unlike class actions, where complainants’ claims are consolidated. Unlike class action lawsuits, mass tort cases allow each plaintiff to pursue an individual claim, whereas class action lawsuits treat all plaintiffs as a single group with unified damages. However, in mass torts, certain aspects of the legal process may be consolidated to streamline litigation. These consolidations often reduce the burden on claimants.
What Is a Mass Tort Claim?
A mass tort claim is a civil lawsuit brought by many plaintiffs against one or more defendants.
They aren’t single lawsuits, but instead consolidations of individual cases alleging the same claims against a common defendant. These cases often involve multiple plaintiffs who have suffered similar problems from the same product, resulting in widespread harm.
Judges approve mass torts to facilitate the simultaneous consideration of similar lawsuits, rather than presiding over each lawsuit individually over an extended period of time.
Eligibility for mass tort claims entails having developed injuries that other claimants in the case suffered. Additionally, your injuries must have occurred within a specified time frame. For instance, if a drug manufacturer releases a medication or medical product that caused injuries during a particular time frame, only those who were affected during that duration might qualify to join a mass tort claim.
Gathering Evidence and Medical Records
To gather evidence for mass tort claims, plaintiffs must gather comprehensive records, including:
- Proof of product use or exposure: The first thing your lawyer will need is documents proving that you actually used or were exposed to the defective product or toxic medication. That includes:
- Prescription history or pharmacy records
- Invoices or purchase receipts
- Labels or product packaging
- Screenshots or photos of the product
- Employment documents (for workplace exposure)
- Medical bills and lost wages: Documentation of medical bills and lost wages is essential to demonstrate the financial impact of your injuries and support your damages claim.
- Diagnosis, medical records, and medical history: Medical documents act as your proof and connect your injuries to the defective product. Your lawyer will gather:
- ER and hospital records
- Lab work and imaging results
- Diagnoses from your doctor
- Notes on medications and treatment plans
- Progression of symptoms or any complications
- Your medical history to establish your health background prior to the incident
Evidence gathering is a critical step in building a strong mass tort claim, as it ensures all relevant documents and information are collected to establish liability and damages.
These records are pivotal in determining the extent of your condition and its impact on your life.
- Timeline of injury and exposure: Your exposure and injury timeline is a fundamental part of building your mass tort lawsuit. It helps your lawyer draw a direct link between product use and the onset of health complications. Key records might include:
- Dates of exposure or product use
- Date of symptoms and first hospital visits
- Date of diagnosis or worsening of your health condition
The closer your injury timelines align with exposure or product use, the stronger your mass tort case will be.
- Witness statements, testimonies, and personal account: Witness statements from family members, friends, and even your doctors can strengthen your case significantly. Mass tort lawyers gather:
- Statements from supervisors and coworkers (for workplace exposure)
- Testimonies from caregivers and family
- Video testimony or affidavits
- Your personal account or journal detailing the impact of the injury
These documents support your credibility and offer context for your condition and limitations.
- Legal analysis and expert testimonies: Your mass tort lawyer may also collaborate with:
- Scientists to connect chemical exposure to your illness
- Medical experts to explain causation
- Economists and financial experts to calculate your damages
A well-documented claim can boost your mass tort compensation, while poor documentation might lower it–even though you were genuinely injured.
Choosing the Right Attorney
Choosing the right attorney is one of the crucial decisions you can make. Because these lawsuits involve nationwide litigations, large corporate defendants, and technical medical and scientific evidence, it is essential to choose an experienced lawyer who can provide strong legal representation to maximize your chances of success.
Here are five crucial factors to consider:
- Extensive experience in legal actions: A skilled lawyer should have a proven track record of handling mass tort lawsuits. Look for an attorney with experience in handling large-scale lawsuits, particularly those similar to yours. Familiarity with certain types of injuries or products can strengthen your legal strategy, boosting your chances of recovering a reasonable amount of compensation.
- Legal network and resources: Mass tort lawsuits require a wide range of resources, including access to medical experts, expert witnesses, industry specialists, and researchers. Your lawyer should be able to collaborate within an MDL, manage large legal teams, and coordinate with national leadership committees. A qualified attorney with a dedicated legal team can help you gather the comprehensive evidence required to build a strong suit and recover a favorable settlement payout.
- Reputation and results: Reputation is crucial in large-scale legal actions. Hire a lawyer with notable lawsuit results, peer-reviewed accomplishments, and industry recognition. A proven track record of settlements and verdicts in large-scale personal injury claims demonstrates extensive experience, effectiveness, and reliability. Additionally, professional credibility and client testimonials can help you determine if your lawyer is a good fit. Many law firms have experience with mass torts and serve clients nationwide, showcasing their ability to handle complex cases across the country.
- Client support and clear communication: You should receive regular updates, honest guidance throughout the mass tort claim process, and easy-to-understand explanations of the litigation process. A client-first approach means your lawyer takes time to answer your questions, explain next steps, and support you throughout the complicated legal process.
- Thorough understanding of scientific and medical evidence: Mass tort lawsuits rely heavily on medical interpretation and scientific analysis. Your attorney should understand medical terms and know how to analyze treatment documents. Additionally, they should also be informed about regulatory matters, including product recalls, FDA warnings, and safety investigations. This robust understanding directly supports legal strategies and bolsters your chances of recovering adequate monetary compensation.
If you are considering a mass tort claim, contact a law firm for a free consultation with legal professionals to discuss your case and explore your legal options.
Steps to Start a Mass Tort Case
The mass tort process involves several steps, including filing a legal claim, gathering evidence, and navigating complex litigation procedures. It might seem overwhelming, but your mass tort attorney can help you understand each step along the way. Generally, the mass tort claim process proceeds like this:
- Identifying the issue: Potential plaintiffs begin by discovering that the same action or product has caused them harm. Mass torts often involve defective products or dangerous drugs, and plaintiffs are seeking to hold negligent parties accountable for their injuries. They may have similar injuries or health conditions and start exploring avenues to seek financial compensation for the injuries caused by the company or product.
- Consulting a skilled mass tort lawyer: Some injured parties consult personal injury attorneys with experience in mass tort litigation. Experienced mass tort lawyers can evaluate your situation and help you understand your rights and legal options, including whether your case qualifies as a mass tort action or a personal injury lawsuit.
- Gathering comprehensive evidence: A skilled attorney can help you gather evidence to validate your allegations. Evidence for mass tort claims may include product information, medical records, expert witness testimonies, and documentation related to the defendant’s wrongdoings or negligence actions.
- Filing a lawsuit: After collecting elaborate evidence, your attorney will file a legal claim on your behalf. In mass tort litigation, each plaintiff typically files their own separate lawsuit, allowing for individual evaluation of damages. In some cases, your lawsuit will be consolidated with similar cases against a common defendant through a legal process known as multi district litigation (MDL). This allows a single judge to preside over the lawsuits. In an MDL, each complainant can retain their own lawsuit, but because these lawsuits are based on similar allegations, it’s easier for a judge to handle them together. For claimants, joining forces reduces the financial burden of litigation.
- Discovery stage: During this stage, both parties exchange relevant information regarding the litigation. This is known as the discovery process and includes depositions, which are formal interviews under oath. Also, parties share expert witness reports and other key documents. The discovery process enables lawyers on both sides to understand each party’s strengths and weaknesses in the lawsuit and to fully investigate the circumstances surrounding the injury.
- Bellwether trials: Often, individual lawsuits are tried as benchmarks to gauge how the jury or judge will react to the legal arguments. These trials are known as bellwether trials, serving as a gauge for how the remaining lawsuits will be resolved.
- Settlement: Plaintiffs may choose to settle their lawsuits before or during trial if they can reach a reasonable agreement with the defendant. If the parties cannot reach an agreement, then the lawsuits proceed to trial.
- Court trial: Your attorney will present your case in the federal court and present legal arguments before a jury or judge. The jury or judge will reach a verdict, and if the ruling is in your favor, you’ll receive mass tort compensation.
What Should I Expect During the Mass Tort Claim Process?
Here’s a general time frame of what to expect during a mass tort lawsuit. Following these steps is crucial for a successful mass tort claim and increases your chances of a successful outcome:
- Initial legal consultation: Discuss your lawsuit with an experienced attorney to determine if you meet mass tort claim requirements.
- Filing the lawsuit: Submit your claim and join the mass tort claim.
- Discovery stage: Exchange evidence and strengthen your lawsuit.
- Negotiations: Attempt to settle with the defendant.
- Trial (when necessary): Present your legal arguments before a jury or judge if no settlement is reached.
Although each lawsuit is unique, this timeframe gives an overview of what you may encounter.
How Long Does a Mass Tort Take to Settle?
Mass torts can take weeks, months, or even years to resolve. Sadly, there’s no “standard” timeframe for a mass tort case. Although a qualified mass tort claim attorney can offer a more accurate assessment of how long does a mass tort takes to resolve, various factors can influence the overall time it takes to resolve these cases.
Key factors that might delay or expedite the mass tort claim process include:
- Complexity and size of the litigation
- Jurisdiction where the lawsuit is being heard
- Access to medical and scientific evidence and potential expert witnesses
- Willingness of the defense team to resolve the issue
- Local court rules
- Judicial calendars (availability of judges or courtrooms)
- Number of complainants
Each stage of the mass tort claim process might take several months or even years to complete. Although claimants joining established multidistrict litigations may have less time between the lawsuit filing and final settlement payout, newer lawsuits may have to wait longer due to the lengthy litigation process.
The size of the mass tort litigation also significantly increases the duration a case may take to settle. The more plaintiffs involved in mass torts, the more complicated the litigation will be. Additionally, defendants such as pharmaceutical companies often have extensive legal teams, which can further increase the complexity and length of the proceedings.
While the timeline for resolving mass torts may feel burdensome, completing the legal process is crucial. The litigation process ensures enough time for you to gather all the evidence. It also allows enough time for courts and the judicial system to review all the evidence and manage mass tort cases efficiently.
What Damages Can I Receive in a Mass Tort?
Mass tort lawsuits are a collection of personal injury suits. Each complainant makes their own compensation claim. Some claimants might ask for $200,000, while others might ask for $5,000,000 or even more, depending on each complainant’s injuries. In some cases, settlements may be as low as a few thousand dollars, especially for less severe injuries or claims with lower damages.
It is crucial that victims receive fair compensation for all damages suffered, including medical costs and emotional suffering, to ensure just restitution for their injuries.
At Allconsumer.com, we partner with several personal injury attorneys who can help you gather the comprehensive evidence required to build a strong claim and recover all the monetary compensation you deserve. Sign up for our latest newsletter to stay up-to-date on the latest consumer issues.
