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What is a mass tort claim?

| Jul 29, 2019 | Class Actions

Mass tort claims arise from injuries or other types of harm all stemming from the same product or situation. While these cases are similar to class action suits, with mass tort cases each plaintiff receives his or her own trial, according to HG.org. Conversely, with class action suits there is typically a single trial that encompasses all victims in pursuit of damages. The following are some other key point involving mass tort litigation. 

Mass torts usually involve three separate occurrences. Many involve injuries caused by consumer products, which may malfunction or operate unexpectedly. In this case, the person injured may choose to file suit, or the person’s loved ones might file a wrongful death suit if the person is deceased. Medications can also be damaging to a person’s health and well-being. Lastly, many mass tort cases are predicated on issues in the environment that cause a great deal of property damage or injuries. 

The first step to filing a mass tort claim is getting the court’s approval. The court will need to review a few different circumstances to determine whether the case has merit. First, the court will look at how many people are actually making claims, as well as determining how close these people live to one another. Next, the injuries incurred will be revied. The court will be looking for similarities in injuries, which shows whether claims are related. Finally, the cause of the injuries will also be reviewed. The court is looking for a common cause in this case, such as one of the three components named above.

Having skilled representation for a mass tort case is a must for victims to recover damages. These cases are often a lot more complex given the large number of claims being linked to the same occurrence. When looking for an attorney, be sure to choose one with prior mass tort experience.  

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