Miami Mass Tort Lawyer
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.
What are the Benefits of 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:
- Streamlining the legal process by allowing all of the individual cases to be combined for the purpose of discovery and other pre-trial proceedings.
- The ability to use other cases involved in the mass tort to effectively make a clear argument about the negative effects that were caused by the product or contamination.
- Ensuring that each plaintiff has the benefit of all the arguments being made against the defendant.
- Ensuring that individuals in the future will not suffer the same injury due to the company’s negligence.
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.
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What Kind of Damages Can Be Recovered in a Mass Tort?
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:
- Medical expenses, including the costs associated with emergency treatment, ambulance or air transport, diagnostic and laboratory testing, hospitalization, physician and surgical services, physical therapy, and rehabilitation.
- Lost wages due to being too injured or ill to work or needing to miss work in order to attend an injury-related medical appointment.
- Loss of future earning capacity if your injury resulted in a permanent disability that prevents you from working or earning the same as you did before the injury.
- Non-economic damages for impacts to your quality of life, including physical pain and suffering, emotional distress, and disfigurement.
Miami Mass Tort Lawyer Near You
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:
- Preparing and filing your lawsuit in a timely manner and in the proper jurisdiction.
- Ensuring that your medical records connect your injury with the defective product or hazardous condition.
- Analyzing documents produced by the defendant and provided in discovery.
- Attendance and representation of your case at all pre-trial conferences and hearings.
- Collecting and organizing all of the evidence, witness testimony, and medical expert testimony needed to prove your case.
- A convenient contingent-fee payment scheme that means you owe nothing for your lawyer’s services until there has been a successful outcome in your case, ensuring that you are able to obtain the legal assistance you need, regardless of your financial status.
Contact us today to schedule a consultation to discuss your Miami mass tort case.