TL;DR
- A mass tort is a case in which one defendant causes harm to many parties.
- Many mass tort lawsuits involve defective drugs or medical devices.
- Class action lawsuits are similar, but unlike mass torts, plaintiffs do not maintain control over their own individual cases.
- A mass tort lawyer can help you navigate the unique challenges of this kind of case.
If you’ve been harmed by the negligence of a corporation, you may not be alone. Defective products, dangerous drugs, and other negligent actions tend to harm many people at once, and your cases may be stronger together. Mass tort lawyers like the expert team at Werner, Hoffman, Greig & Garcia are here to help.
The legal system is complicated at the best of times, and the sheer scale of mass tort cases requires knowledge and experience to understand. We’re here to have your back every step of the way.
Understanding Mass Tort
A mass tort is a case in which many people suffer similar harm from a common defendant. These lawsuits are all separate actions, with separate plaintiffs and attorneys, but are processed together for efficiency.
Mass tort lawyers represent each client individually, leaving room for clients to receive personal attention and make decisions that are right for their case.
Examples of Mass Tort Lawsuits
Mass torts can cover a wide range of industries. Some examples include:
- Defective or dangerous pharmaceutical drugs
- Oil spills and other environmental disasters
- Large-scale catastrophes like fires
- Exposure to toxic chemicals at work or in the home
Most commonly, mass tort lawsuits involve defective drugs or medical devices. These circumstances occur when manufacturers fail to warn consumers about the dangers of using their products. Some famous mass tort cases include the AFFF Firefighting Foam lawsuit and lawsuits for drugs like Tylenol.
Mass Torts Werner, Hoffman, Greig & Garcia Is Currently Handling
We are currently reviewing cases for multiple nationwide mass torts, for example:
Mass Tort vs. Class Action Lawsuits: What’s the Difference?
Mass torts are similar to class action lawsuits, as both involve multiple plaintiffs seeking compensation for the same basic harm, but they differ in their legal approaches.
In a class action lawsuit, a single plaintiff or small group represents the entire class filing the action, and one outcome applies to everyone involved. It’s one case that covers many similar situations.
In a mass tort claim, each individual plaintiff has their own lawsuit and their own legal representation. The cases are handled together for efficiency as much as possible, but you can still reject an unsatisfactory settlement and otherwise advocate for your own individual situation.
Understanding Liability in a Mass Tort Claim
Establishing liability means proving that the defendant’s actions or negligence harmed the plaintiffs. This can be complicated in larger cases, such as a mass tort claim. To prove negligence, you must be able to prove the following four steps:
- That the party owed you a certain level of care. For example, manufacturers are responsible for alerting consumers of any potential hazards. This is their duty.
- The party breached their duty by acting with negligence. For example, this could look like failing to warn consumers about potential hazards or not running proper tests on a product before its release.
- As a result of their breach, an accident or injury occurred. This is called causation.
- And because of that accident or injury, you incurred actual damages.
Thorough investigation, expert testimony, and evidence collection are all necessary to provide a clear chain linking the perpetrators with the harm suffered by the plaintiffs. A mass tort lawyer, like the team at Werner, Hoffman, Greig & Garcia, will be crucial for navigating this process.
How to File a Mass Tort Lawsuit
The first step to filing a mass tort lawsuit is speaking with an experienced attorney, like the team at Werner, Hoffman, Greig & Garcia. This initial consultation should establish if you have a case and the complexities of a mass tort action will be difficult to navigate without professional help.
Your attorney will handle the next steps, like establishing that all the plaintiffs suffered damages the same way–known as “uniformity”–and filing the lawsuit itself.
The strongest cases will be tried first as “bellwether cases,” and if they go well, the other mass tort lawsuits might be settled before they go to trial themselves.
Receiving Compensation for Your Damages
Winning a mass tort lawsuit means receiving compensation for your damages, which can differ based on the type of harm caused and the extent of the defendant’s negligence. Compensation will usually cover damages like:
- Medical bills
- Lost wages
- Pain and suffering
- Punitive damages
Economic damages, such as medical bills and lost wages—damages with an associated monetary value—are much easier to calculate. Non-economic damages, however, are more abstract. Pain and suffering and other non-economic damages are calculated by looking at the change to one’s quality of life.
For example, people who have experienced a great change in their quality of life will receive higher compensation for their non-economic damages than those who have experienced smaller changes.
If you are a veteran who was harmed by a defective product during your military service or injured by a defective medical device or drug used to treat your service-related disability, take a look at our veterans mass tort claims page.
How the Mass Tort Lawyers at Werner, Hoffman, Greig & Garcia Can Help You
Werner, Hoffman, Greig & Garcia have a proven track record of securing justice and compensation for our clients. We provide the personalized expert attention your case deserves, from initial consultations to courtroom representation. We are committed to pursuing justice for those who have suffered from corporate negligence and securing the compensation you deserve to rebuild your life.
Please contact us online or at (800) 320-HELP to speak with one of our experienced mass tort lawyers.
Frequently Asked Questions
What does “failure to warn” mean?
“Failure to warn” is a legal term meaning a manufacturer or distributor has failed to inform consumers about the risks associated with their product properly. For example, in the paraquat Parkinson’s Disease lawsuits, journalists uncovered evidence that the weedkiller manufacturers thought long-term exposure to the chemical could be harmful, but did not alert the public. This can be key in establishing liability in a mass tort case.
How do I know if I’m eligible to file a mass tort lawsuit?
If you have suffered harm from a defective product, dangerous drug, or other negligent actions by a corporation, you’re probably eligible to join a mass tort. A mass tort lawyer like WHG will assess the specifics of your case, considering factors like the nature of the harm, the extent of negligence, and the number of individuals affected.
How much does it cost to hire a mass tort attorney?
Most mass tort attorneys, including the team at Werner, Hoffman, Greig & Garcia, work on a contingency basis. That means we only get paid after you get paid, based on a percentage of any damages awarded.
