Helping Individuals Take on Corporations
Mass torts are civil actions in which a large group of plaintiffs file a suit against one or more corporations or companies. Mass torts can take place in federal or state courts, and generally involve a group of people who have experienced physical injury, emotional pain and suffering, or financial loss and/or property damage as a result of the corporation/company named in the suit.
While mass torts are similar to class action lawsuits, members in a mass tort suit are all treated as individuals. This requires each plaintiff to demonstrate the specifics of their injury, and to provide detailed information about their relationship to the defendant, or “tortfeasor,” as the defendant is known in these cases. Class action suits generally involve larger groups of people, as every plaintiff in a class action suit is treated as part of the larger whole. That said, the more information plaintiffs can provide in a mass tort case, the better their chances are of attracting other plaintiffs with similar injuries.
At The Law Offices of William F. Underwood, III, P.C., we believe in holding corporations accountable for their negligence. When companies don’t respect the rights of individuals, our Albany mass tort attorney is available to pursue legal action against all responsible parties.
Common Types of Mass Tort Cases
A single tort generally involves negligence on the part of a single party which results in injury or causes harm in some other way to an individual. A mass tort case involves widespread negligence on the part of at least one party, resulting in varying types of injury or harm to multiple individuals.
Common mass tort cases include:
- Dangerous or defective product claims: Plaintiffs considering filing suits for injuries, or in some cases, deaths, as a result of consumer products may want to consider a mass tort case. Specifically, this would involve plaintiffs who have experienced a variety of injuries as a result of one product, as plaintiffs who experienced the same injury would be better off filing a class action suit. Products this kind of suit may involve include cars, toys, or even food.
- Pharmaceutical claims: While some cases of bad drug reactions would be pursuant to medical malpractice law, cases where many individuals have experienced negative reactions due to the same drug would fall under mass torts. Individuals in these cases can sue for a variety of negative reactions, as different people often respond to drugs in different ways. Pharmaceutical torts can be brought against the drug company or companies who manufactured a particular medication or pill.
- Environmental torts: From oil leaks that seep into the sea to toxic chemicals that contaminate ground water, environmental torts may stem from a number of polluting actions on the part of corporations, all of which can have have-flung effects on people and the land around them.
What to Consider When Filing a Mass Tort
When attempting to file a mass tort suit, there are several things a group of victims must clarify, preferably with the assistance of an attorney, before proceeding. Individuals must ask the court for permission to bring a suit against the tortfeasor, at which point the court will take several factors into consideration.
Factors the court may consider when weighing a mass tort case include:
- How many plaintiffs are involved;
- Where the plaintiffs are located in relation to one another;
- How similar the various plaintiffs’ injuries are; and
- Whether the injuries of the plaintiffs can be linked to a single source.
If the court considers all these details and finds that there is sufficient evidence to support a mass tort suit, the case will be assigned to a judge. At this point, trials may begin for each one of the plaintiffs, while other individuals still have the opportunity to come forward and join the suit. The more individuals that join a mass tort case, the greater chances there are of uncovering evidence that supports all of the plaintiffs claims.
A large mass tort case can result in sizable compensation for each plaintiff. To help build the strongest case possible, make sure to hire a lawyer with a track record of devoting significant time and energy to every client.
Hire an Albany Attorney Today
At The Law Offices of William F. Underwood, III, P.C., our Albany mass tort lawyer is committed to devoting all available hours and resources to advocate for your suit. We have a long history of satisfied clients, and are backed by a track record of success. For a personal injury attorney who will fight tirelessly for your future, hire The Law Offices of William F. Underwood, III, P.C.
To speak to William “Trey” Underwood, dial (229) 999-4476 for a free case evaluation, or contact our firm online. All calls are returned within 24 hours!
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