Steps to Filing a Mass Tort Claim

You may have seen a report on the television, radio, or online that announces a defect in a medical product, a type of food, or even an auto part. In some cases, the defect may have caused injuries or illnesses to many people.

In response to those injuries, the victims may have filed a “mass tort claim.” If you believe you might be a victim of the product, food, or auto part mentioned, it is important to know what a mass tort claim is and how to file one after suffering a personal injury.

What is a mass tort?

According to Cornell Law School, a mass tort responds to “some act or omission that harms or injures numerous people.” To make it easier for the accident victims and the judges or jurors hearing these cases, numerous people who have been hurt by the same product can file individual claims, which are grouped to form a mass tort. This can strengthen a case as it shows that many people claim to be injured by the same item and have the required proof to back up their claims. Some examples of various mass tort claims include:

• Asbestos mass tort claims
• Tobacco mass tort claims
• Oil spill mass tort claims
• Depo Provera mass tort claims
• Zantac mass tort claims
• Hair relaxer mass tort claims
• Hernia mesh mass tort claims
• Talc powder mass tort claims
• Baby food mass tort claims
• Defective airbag mass tort claims

Confusing a mass tort with a class action lawsuit is common. While these two types of cases are similar, they are also slightly different. When an individual joins a mass tort case, their case may be grouped with other injured victims. However, the individual still has their claim and still receives their compensation based on their injuries, medical bills, property damage, pain and suffering, and more. On the other hand, courts treat class action lawsuits more like one case. This means that when compensation is awarded in a class action case, it is split between each injured victim because the group is considered to be one plaintiff.

What are some reasons why a person may choose to file a mass tort claim?

There are several reasons why a person may choose to file a mass tort claim, including:

• A group of people can be stronger, more convincing, and powerful. When you file a mass tort claim, other people are claiming to have suffered similar harm or injuries from the same product or item.
• You have the opportunity to combine resources in an effort to hold large companies, businesses, or corporations accountable for the injuries and hardships they have caused. It can be difficult to stand up to large companies and corporations alone, which is why most attorneys recommend pursuing a mass tort claim in order to make your case and hold the at-fault parties accountable successfully.
• You can still potentially tell your own story. Many people hesitate to file a mass tort claim as they want to make sure that their story will be told. However, unlike a class action lawsuit, mass tort claims allow you to be still treated as an individual case, which means that your story, evidence, and the harm you have endured and will endure going forward due to the company’s negligence will still be taken into account when your claim is reviewed and evaluated.

The five steps of a mass tort claim in Huntsville, Alabama

Just like any other legal case, there is a legal process you must follow to file a mass tort claim successfully. Here are a few of the steps:

Start working with the attorneys involved: If you decide to file a mass tort claim, you will begin working with an attorney. Your attorney will listen to your experience, review your evidence, and determine whether you have a valid claim.

Look for similarities: Then, your lawyer will compare the facts and details you have provided with other claims. The goal is to find similarities between your claim and other claims, which would allow you to join a mass tort.

Filing a mass tort claim: If it is determined that you have a valid claim and there are similarities between yours and other claims, your lawyer will file your mass tort claim. By doing this, your claim will be grouped with others who the item, product, or event harmed.

Bellwether trials: During the Bellwether trials process, a few claims from the entire group are chosen. If your claim is chosen, your case will be presented for the judges and jurors to hear. This is usually considered a practice trial to see how the cases stand. Most of the time, the most severe or horrific cases will be chosen to determine how the judges and jurors react and to get an idea of achievable outcomes. If the judges and jurors tend to side with the defendant, the attorneys may decide not to proceed. However, if the claims pass the trial test and the judges and jurors side with the plaintiffs, they will weigh their options and determine whether litigation or settlements are best.

Obtaining settlements or resolutions: Mass tort attorneys often prefer negotiating with the defendant to secure fair compensation before trial. However, if the defendant is unwilling to do this and the bellwether trials seem promising, your case will likely go to trial. Keep in mind that mass tort claims can be very complex and time-consuming. After your trial, the defendant can appeal the decision, adding even more time to your case. You must remain patient and lean on your attorney for advice and guidance. Once your case is officially over and resolved, you will receive compensation based on your losses.

The Huntsville mass tort lawyers at Martin & Helms are experienced in handling various personal injury and product liability cases. Please call our office or submit our contact form to schedule a free consultation. While our offices are in Huntsville and Decatur, we provide legal assistance to clients in Athens, Madison, and other areas across Alabama.