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Mass tort cases occur when a single entity causes harm to a group of people, and the plaintiffs make a claim against that entity, often a corporation.
Because it involves a large number of people, many assume that a mass tort claim is the same as a class action lawsuit, and assume that filing a lawsuit will be a hassle without many benefits.
Each year, thousands of people elect not to file a lawsuit even after they have been severely harmed by a corporation’s products, hazardous chemicals, or environmental pollutants.
In reality, class action lawsuits and mass tort lawsuits are distinctly different entities. While a class action claim may only allow you to recover a few dollars, mass torts tend to result in significantly higher settlements.
So, when should you pursue a mass tort case? I’ll give you some parameters below.
If you are in need of a mass tort attorney serving New York, Buttafuoco & Associates may be able to help. Get in touch at 1-800-NOW-HURT for a consultation.
Definition of Mass Tort Claims
In legal terms, a tort is defined as a wrongful act that causes injuries to another person.
Unsurprisingly, a mass tort is a wrongful act that causes injury to multiple people. In a mass tort, a large number of similar injuries have occurred due to the single action of a corporation. This leaves large numbers of victims with the ability to sue a plaintiff and recover damages for their injuries.
Commonly, mass torts arise from the following situations:
Cause thousands of injuries and deaths each year. Examples of commonly seen defective product mass torts include vehicles or parts, medical devices, prescription or over-the-counter medications, children’s toys, and any number of other products.
Hazardous chemical exposure
Can happen anywhere, from homes to workplaces. Common culprits in hazardous chemical mass torts include cleaning supplies, paint, corrosive solvents, asbestos, herbicides, and pesticides.
Can make their way into water, air, or the ground and jeopardize the health and lives of millions. Oil and chemical spills, water pollution, and herbicide and pesticide poisoning are some common sources of mass torts.
If you believe one of these examples applies to your case, you may be eligible to join a mass tort. Contact Buttafuoco & Associates and a New York mass tort attorney can provide a free consultation.
Benefits of Mass Tort Cases
When considering whether or not to pursue a mass tort, it can be helpful to review the benefits of this type of lawsuit. For one, mass torts are filed individually, rather than as a large group. This means you will have a single dedicated attorney to review the specifics of your case and use them as evidence to make a case against the defendant.
This is a more personalized approach that is similar to an individual lawsuit.
Mass torts also have significant economic benefits over individual lawsuits.
Individual lawsuits can become incredibly expensive very quickly, regardless of whether or not you win. In a mass tort, litigation tends to be less expensive, partly because these cases tend to resolve more quickly. Your specific damages will be determined by the severity of your injury, so another factor to consider is how much harm you have suffered at the hands of the defendant.
In an individual lawsuit, the burden of proof is on a single individual. But with a mass tort, the burden of proof is distributed among many people. Law firms involved in a mass tort use evidence from multiple plaintiffs to build a strong case, which makes the evidence more convincing than in an individual lawsuit.
You will also have the added benefit of having many experts working on your case. All of these factors increase the likelihood of being awarded compensation; in a mass tort, this is significantly more likely than in an individual lawsuit.
Companies are frequently very willing to settle in mass tort situations; these cases are often high-profile, and companies are eager to restore their reputations. This can result in higher settlement amounts than expected, often significantly more than the original claim.
Should I Pursue a Mass Tort Claim?
If you have been harmed by a corporation in a similar manner to other individuals, a mass tort is an opportunity to get the justice you deserve.
If you would like to discuss whether or not you are eligible for a mass tort, a mass tort law firm serving New York can help.
Get in touch with Buttafuoco & Associates today at 1-800-NOW-HURT.