What Is a Mass Tort?
A “mass tort” is defined as a single wrongful act or omission that ends up causing injury to numerous people, such as a dangerous medical device that is recalled for causing health problems in those who received it. These injured persons may decide to come together to file one lawsuit against the party or parties responsible for the wrongful act or omission that injured them or they may file individual lawsuits for their injuries.
Mass torts are typically used when multiple individuals have been injured by a single wrongful act. A mass tort allows those injured parties to pool their resources to take on large corporations that commit mass torts, such as manufacturers or pharmaceutical companies.
What Is the Difference Between a Mass Tort and a Class Action?
If you have heard about “class actions,” you may be wondering about the differences (if any) between a mass tort action and a class action. Although both mass tort actions and class actions can be used to help victims get compensation for a particular harmful act (for example, the design or manufacture of a defective medical implant), mass torts and class actions are handled differently from one another.
In a mass tort, each plaintiff is treated individually even though all the plaintiffs alleged they were harmed by the same wrongful act or omission. As a result, each plaintiff in a mass tort must establish certain facts individual to that plaintiff. For example, plaintiffs must show how they were injured under the tort claim’s theory of harm, and each plaintiff must set out the amount of his or her damage.
In a class action, the group of plaintiffs (known as the class) is represented by one or a few individuals, called class representatives. All the members of the class are treated as one plaintiff. The class representative must prove a theory of harm common to all the class members. The representative must also prove an estimation of the damages suffered by the class to establish an award. The class members who opt into the litigation are paid a calculated share from this award if the case is successful or settled. Class actions are generally not used for products that injure people in the United States. If you have been injured by a product, your case is handled on an individual rather than a class action basis but may be combined with other individuals who have also been injured in some instances.
How Our Greensboro Mass Tort Attorney Can Help You Anywhere in North Carolina
When you need an experienced law firm to help you pursue a mass tort claim, a Greensboro mass tort attorney from Ward Black Law can help you by:
- Vigorously investigating your case to secure the evidence needed to pursue your claim. We can file evidence preservation requests and discovery requests with the defendant corporations to obtain evidence of their negligent acts and decisions.
- Collaborating with expert witnesses in the fields of engineering, medicine, and finance to build a persuasive legal argument. We will show the corporation’s legal fault and establish your injuries and damages.
- Aggressively negotiating with the corporations and their liability insurers to try to reach a settlement. Our goal is to provide you with the fair and full compensation you deserve as swiftly as possible so you can get back to your regular life.
- Preparing your case to go to court, if it becomes necessary. This includes filing the complaint with the court, defending your case in motion practice, and advocating for a verdict in your favor.
Contact a North Carolina Mass Tort Lawyer
If you and others have been seriously injured by a product such as a drug, medical device, or other consumer product, you may be eligible to seek compensation through a mass tort action. You need experienced legal representation with the appropriate resources to pursue a complex case such as a mass tort.
For a free, no-obligation consultation with the mass tort attorneys at Ward Black Law in Greensboro contact us online, call or text us today. You will learn about your legal rights and options. You will also learn how our firm can help you pursue financial compensation for your injuries through a mass tort action.