Understanding mass torts: How to get involved

October 17, 2024
(Photo Credit: chayanuphol/Shutterstock)

When it comes to personal injury cases, the legal landscape can be complicated, especially when multiple individuals are affected by the same incident or product. This is where mass tort lawsuits come into play. If you or someone you know has been harmed by a defective product, a dangerous pharmaceutical drug, or exposure to hazardous materials, understanding mass torts could be the first step toward seeking compensation.

What are mass torts? 

A mass tort is a type of civil lawsuit where a group of plaintiffs file claims for similar injuries caused by the same product or event. This is different from class action lawsuits, where a single lawsuit represents all plaintiffs as one group or class, and may further divide that one group into separate groups or subclasses. In a mass tort, each plaintiff’s claim is treated individually. This means that each person’s circumstances, injuries and damages are considered separately. This structure allows for personalized representation and compensation while still benefiting from the consolidated efforts of multiple plaintiffs.

Types of mass torts

There are several types of mass torts, often categorized based on the nature of the injuries or damages involved:

  • Pharmaceutical mass torts involve injuries or illnesses allegedly caused by prescription medications or medical devices
  • Environmental mass torts occur when a large group of individuals alleges they have suffered harm due to exposure to environmental hazards, such as toxic chemicals, polluted water or hazardous waste. 
  • Product liability mass torts involve allegedly defective products that have caused harm to many people. 

Each of these categories involves a common thread: widespread harm that has affected many people who claim the harm was caused by the negligence or recklessness of corporations, manufacturers or other entities.

Who is eligible for a mass tort lawsuit? 

To join a mass tort, certain criteria must be met. First, you must have suffered harm or injury that can be linked directly to the defendant’s actions, product or conduct. Your injuries must be severe enough to warrant compensation and you must have medical evidence or documentation supporting your claim.

Another important factor is timing. Mass tort claims, like all other claims, are subject to statutes of limitations. Consulting with an experienced mass tort attorney can help determine your eligibility and the appropriate course of action.

The legal process for mass torts

The process of filing a mass tort lawsuit can be complex, but it generally follows these steps:

  • Pre-litigation: Attorneys will search for additional plaintiffs, collect evidence and investigate the cause of the injury.
  • Filing the claim: Once enough evidence is gathered, attorneys will file a lawsuit or group of lawsuits. This could involve working with multiple attorneys representing other plaintiffs.
  • Bellwether cases and litigation: As the case proceeds to litigation, some judges may require bellwether trials. This is when a select few cases will be tried first, giving the involved parties a glimpse of how all the cases will likely proceed.  
  • Settlement or trial: The case will end either in a settlement agreement between the parties or by a decision reached by the factfinder(s) at a trial. The settlement or trial outcome will determine if any compensation is owed.  

An experienced attorney may be able to help you navigate the complexities of mass tort litigation and work with you to represent your interests. If you think you have a potential mass tort case, let us know more about your potential claim(s) by filling out the form on this page.

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LegaFi Law LLC (an Arizona law firm)                
888-4-LegaFi              
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