Sometimes, personal injury cases have more than one victim. In fact, particularly in product liability claims involving defective medication, medical devices, or other product defects or in cases involving an environmental hazard caused by a company's use of a dangerous chemical, there can be hundreds or even thousands of victims. There are several ways to deal with a large number of cases, including a class-action lawsuit and mass torts. These cases are best handled by an experienced Miami mass tort lawyer.
The word "tort" means a wrongful act. A mass tort is a wrongful act committed on many people. A mass tort is different from a class action in that mass torts involve individually filed cases in which damages are considered on a case-by-case basis, while class actions involve combining all of the plaintiffs into a group or "class" and litigating all of the claims as one large case with the damages divided between the plaintiffs.
In order for a case to be eligible for class action, a number of requirements must be met. If those requirements are not met, then the mass tort process will likely be used. One of the most common reasons for this to happen involves a group of plaintiffs that is too small to meet the qualifications for a class action. Another common reason is that, while the many cases all involve the same defendant and similar circumstances, the cases in a mass tort tend to have more unique, different aspects to them than what is allowed in a mass tort.
Mass torts usually result in larger individual settlements than what members of a group would normally receive as a portion of the settlement or award because the mass tort requires that all cases be considered on their own merits and settlements be awarded based on the expenses and impacts that each plaintiff has suffered as a result of their injury. Other benefits of this method of resolving multiple cases against the same defendant include:
While it is generally considered a benefit that each case in a mass tort is treated individually, this increases the requirements placed on each plaintiff to prove their own case, including proving their injuries and expenses.
Because a mass tort consists of many individual cases, the onus will be on the defendant and the defendant's insurer's attorneys to negotiate a settlement with each plaintiff that is based on the expenses and impacts they experienced as a result of their injury. This will result in varying settlement or award amounts. Some of the damages that are commonly recovered in mass tort actions include:
Mass tort cases are complex for all parties concerned. If you have been injured due to a defective product or hazardous condition that was caused by someone's negligence and you believe that many other people have been injured or will be injured in the future due to the same product or condition, a Miami mass tort lawyer can provide a number of services, including:
Contact us today to schedule a consultation to discuss your Miami mass tort case.
Met with Robert after I had a car accident in Pembroke Pines. Very nice man. Nice staff who answered my questions and got a good settlement.
Great lawyers, great attention to detail, great trial strategies. I am a trial consultant who has worked with the top attorneys in the United States. NKP are the best of the best.
Amy Singer, Ph.D, Trial Consultant
Neufeld, Kleinberg & Pinkiert, PA handled my case against Uber for me and got me a great settlement after I was involved in an accident. They handled all of the negotiations with my doctors and with the other lawyers to get me the best deal possible. I definitely recommend their services!
Daniella Di Prizio
Serving all of the beautiful southern and central Florida areas, we have won over $100,000,000 in jury verdicts and settlements for our injured clients. Neufeld Law Firm now has over 100+ combined years of personal injury law experience. Our Miami mass tort attorneys are highly experienced and will help you win FULL & FAIR COMPENSATION. We want to help you focus on getting healthy, getting back to work, paying your bills, and most importantly, being compensated! — Be STRONG with Neufeld Law
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