Mass Torts

Mass Torts

Mass Tort Actions Explanation

A mass tort is a civil action that involves many plaintiffs against one or more defendants. Mass tort filings are available in both state and federal courts. It is normal in mass tort cases to have a number of individual plaintiffs suing collectively based on harm or injury caused by a single product. Litigation for mass tort actions is complex and plaintiffs should seek legal assistance early on in the process.

Mass Tort Action Categories

  • Medical Device Injuries
  • Prescription Drug Injuries
  • Product Liability Injuries
  • Toxic Contamination

Criteria The Court Considers

Attorneys for large groups of plaintiffs desiring to sue a common defendant must request the court to file a mass tort action. The court considers the following criteria to determine the merits of mass tort action requests.

  • The existence of a large number of plaintiffs
  • Relative locations of plaintiffs to each other
  • The existence of similar injuries suffered by plaintiffs
  • Ability to trace injury claims made by plaintiffs to a common cause

When the court determines that sufficient cause is present to pursue a mass tort action, a judge will be assigned to the case. It is common for judges in mass tort action cases to order that notice of the lawsuit is given in newspapers or other media outlets. This is done to alert other potential plaintiffs.

Difference Between Class Action Lawsuit & Mass Tort Action

There is an important distinction to make in the difference between a mass tort action and a class action lawsuit. With mass tort actions, each plaintiff has an individual claim and receives their own trial. When a class action lawsuit is filed, many plaintiffs are considered legally to be one entity and the legal fate of the group is decided with a single trial.

Contact Us For Assistance

Plaintiffs looking for an attorney in Northern California to assist with the litigation of a civil tort action should consider contacting the Law Offices of Matthew Brekhus. Plaintiffs will benefit greatly from the knowledge and expertise possessed by the skilled litigators at the Brekhus law.

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