How does the mass tort process work? This legal process allows multiple plaintiffs to band together to seek compensation from a liable party that caused their financial losses, injuries, or illnesses.
In many ways, mass tort claims follow the same general steps as a personal injury claim. However, they involve several unique processes and changes that set them apart from other legal methods of resolving complicated issues.
You can find out more with a mass torts lawsuit lawyer from our team at Zanes Law. Call or fill out our online contact form for additional information.
What Is a Mass Tort Claim?
Mass torts allow multiple plaintiffs to band together to bring a claim against a defendant who harmed all of them or caused all of their financial losses through the same kind of negligent act.
Mass tort claims often lead to multi-district litigation (MDL), where many claims go through the same court and receive attention from the same judge, even if the causative action occurred in another location.
The process for resolving these claims can take many years, depending on the number of factors complicating the legal situation.
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How does the Mass Tort Process Function?
The mass tort process involves many complicated steps. You begin the process by meeting with a mass tort attorney to discuss your situation and see if you qualify to file this kind of legal claim for compensation.
Your attorney may look for other individuals with cases like yours. In some situations, you may join an ongoing mass tort process. In other cases, you may become one of the front-runners in a new group of claims.
Once you decide to move forward with a mass tort claim, you can expect the process to include the following:
The mass tort process requires your legal team to look for extensive evidence to back your claim. The company may focus on:
- Gathering your medical records to demonstrate your healthcare expenses
- Looking for other individuals with your injuries or illness
- Identifying the organization, company, or party that caused your situation
- Collecting documentation, including internal memos and study results that back up your claim
- Working with expert witnesses, including scientists and doctors
The investigative process for mass tort claims can last a long time, particularly because additional information may come to light as your law team digs for the truth. Your attorney can incorporate new information into your case.
Filing a Claim
Your lawyer may file a mass tort claim for you after developing a solid understanding of your legal situation. In some cases, this may involve becoming part of an ongoing multi-district litigation process, allowing one judge to hear multiple cases about the same act of negligence.
After filing a claim, your attorney may handle negotiations with insurance agents representing the at-fault party. These negotiations generally take a substantial amount of time, as the defendant may negotiate with multiple plaintiffs at the same time.
A Mass Tort Trial
Your claim may end up going to trial as you move forward with the mass tort process. Lawsuits allow your lawyer to present information about your case to a judge and jury, who may rule in your favor.
Keep in mind that mass tort claims often use bellwether trials to test the reaction of the court to claims. These claims go through the court system first and may incite the defendant to offer better settlements or encourage them to fight against compensating their victims.
Additionally, even if the court rules in your favor, the mass tort process may not end. Defendants often appeal the results of these claims to avoid orders to pay compensation. You can discuss this situation with a mass tort lawyer.
How does the Process of Establishing Uniformity Work?
Part of the mass tort process involves your lawyer establishing uniformity among similar claims. Plaintiffs may only file for a mass tort if lawyers show that many individuals experienced identical – or nearly identical – repercussions from the usage of the same product or activity.
For example, many individuals experienced severe issues with hearing loss after the use of improperly designed 3M earplugs. Lawyers identified their uniform symptoms and gathered evidence to show that the issues all had the same root cause.
This part of the mass tort process allows these cases to proceed as lawyers determine if you have a valid claim. In instances without uniformity, individuals may file personal injury claims instead.
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Does the Mass Tort Process Give Everyone the Same Compensation?
The mass tort process can help you secure compensation for your losses in some cases. The process sets itself apart from class action lawsuits by allowing each participant to secure a separate amount of compensation.
These claims allow you to secure funds to cover your unique losses, which can include:
- Current and future medical expenses
- Lost wages and diminished earning potential
- Pain, mental anguish, and emotional suffering
Some claims even include compensation for property damage. The amount you receive after a successful mass tort claim will depend on the extent of your losses and other factors, including the defendant’s financial means.
We’ll discuss the mass tort process for securing compensation in more detail when you reach out to us after an accident. We’re ready to help you determine the best option to address your legal concerns.
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Speak to Us About the Mass Tort Process
How does the mass tort process work? This process requires lawyers to show that you and many other people sustained the same injury or loss caused by one defendant. The process works in much the same way as a personal injury claim with some significant alterations.
You can get detailed answers to questions about mass tort claims from our team at Zanes Law. Find out more by calling or completing our online contact form.