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Essential FAQ: How do Mass Tort Claims Work in New York?

How do Mass Tort Claims Work in New York?

If you are injured due to another’s negligence in the state of New York, you can file a personal injury lawsuit to receive compensation for medical bills, time off work, and other accident-related expenses.

But what if you are harmed by a corporate entity?

As you can imagine, in this type of case things get a bit more complex, especially if you join in a mass tort claim with others who have suffered similar injuries.

Read on to learn more about how the mass tort process works, and when you may benefit from working with a New York mass tort attorney at Buttafuoco & Associates.

What is a Mass Tort Lawsuit?

Mass torts are cases that involve multiple plaintiffs with similar claims against a single defendant. Mass tort lawsuits may involve a wide range of practice areas, but they are especially common within product liability law. (For example, where many plaintiffs are injured by the same product or drug.)

Sometimes, a mass tort is filed after a singular incident that caused injuries; other times, this type of lawsuit results from an ongoing series of negligent acts on the part of a company.

High-profile mass tort cases have been highlighted in recent news, where we have seen huge numbers of these cases. Victims are fighting Johnson & Johnson’s for causing ovarian cancer among people who used their talc products. Roundup weed killer has been tangled up in lawsuits for years after being linked to lymphoma among farmers. More recently, Tylenol has been connected to autism, leaving J&J in even more legal hot water.
If you believe you have been harmed by a company’s products, you are not alone. Working with mass tort attorneys serving New York may be in your best interest if you are considering whether or not you have grounds for legal action. An experienced attorney can assist with everything from gathering evidence to arguing your case in court.

Who Represents Me in a Mass Tort?

In a mass tort litigation, multiple attorneys come together to argue many clients’ cases in court at one time. Throughout the legal process, victims’ attorneys share evidence and collaborate on strategy, leveraging the large number of plaintiffs to build a solid case. Although the cases all go to one court, each plaintiff has their own lawyer. For example, at Buttafuoco & Associates our attorneys work with each victim individually: asking questions, gathering evidence, assigning value to your case, and preparing arguments for court.

If you are unsure whether you need a mass tort lawyer in New York, Buttafuoco & Associates provides free consultations. We are currently taking new clients for talc-cancer cases, Tylenol and autism cases, and Roundup lymphoma cases, as well as mesothelioma cases and more.

Get in touch at 1-800-NOW-HURT to learn whether you qualify to join a mass tort.

How Can a Mass Tort Benefit Me?

While many people associate mass torts with class action lawsuits, in reality they are quite different.

For one, mass torts are significantly more lucrative than a class action lawsuit. This is because there is power in numbers: if a judge sees that a large number of people have been similarly harmed by the same product, substance, or drug, the case is more convincing. This is why you’ll often see multi-million dollar settlements in high-profile mass tort cases compared to class actions, such as those where ovarian cancer victims are taking on Johnson & Johnson’s.

Oftentimes, the sheer number of plaintiffs creates a stronger case, and thus makes victims more likely to see a victory.

Another plus of mass torts is that they tend to resolve more quickly than individual cases. By consolidating multiple cases in a single state or federal court of law and hearing them at once (rather than tens of thousands of cases individually), the legal process becomes more efficient.

This is often essential, especially with many health-related mass torts where victims are in need of immediate money to pay expensive medical bills, support their families, and handle other expenses related to their illnesses.

When choosing an attorney, it’s important to keep in mind that not all law firms are experienced in mass tort law, so it’s important to choose a firm that has worked on many of these cases, and that is able to cover the expenses of these cases (which can be significant) upfront.

How are Settlements Determined in a Mass Tort Case?

In some states, monetary damages for tort cases are restricted, but in the state of New York, there is no cap. Generally, settlements are structured so that the value of each case is evaluated on its own merits.

For example, someone who has been more significantly exposed to a toxic chemical in a pesticide and suffers severe damages such as a life-threatening disease will be eligible for more compensation than an individual who was only momentarily exposed and suffered less serious injuries.

Once you are apprised of your settlement amount, you don’t have to take it–it’s your choice at this point whether or not you’d like to settle.

How Can Buttafuoco & Associates Help?

At Buttafuoco & Associates, we believe in fighting for victims’ rights against huge conglomerates.

We are currently taking on several high-profile corporations in order to help victims receive the compensation they deserve. If you have been injured by a product that has also harmed others, get in touch with us today.

Call 1-800-NOW-HURT.

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