There are multiple types of lawsuits in the legal world. Not all cases involve just one plaintiff and one defendant. Some legal disputes are so widespread that they impact hundreds or more people.
When cases are pervasive, and several individuals are affected by the actions of a large corporation or organization, a mass tort is filed. Mass torts are an effective tool for giving individuals a voice to protest wrongdoing.
In this guide, we’ll define mass torts, cover how they differ from other legal actions, and discuss why they play a crucial role in attaining justice for those harmed.
Defining Mass Tort
A mass tort is a civil lawsuit where numerous plaintiffs file against at least one defendant for the same reason. The defendants in these cases are typically a corporation or large entity rather than a singular individual. For example, mass torts have been filed against governmental organizations, large corporations, and product manufacturers.
In these cases, the plaintiffs have usually been similarly injured or harmed by the same product, event, or action. Mass torts are common in cases involving faulty products, pharmaceutical drugs, environmental disasters like toxic exposure, or consumer fraud.
It’s not required to prove that defendants in these cases knowingly caused harm; these cases commonly result from negligence. If it can be shown that the defendant should’ve known the risks involved, they can still be held liable for the damages.
Unlike individual lawsuits, mass torts allow for the consolidation of pre-trial proceedings. This streamlines the process and reduces the burden on the court system.
Mass torts are a win-win for plaintiffs and the court system. They effectively allow individuals to seek justice and compensation for their damages while promoting judicial efficiency.
How Mass Torts Differ from Class Action Lawsuits
A class action lawsuit is another type of legal action that involves multiple plaintiffs standing together against at least one defendant for the same wrongdoing.
While mass torts and class action lawsuits involve multiple plaintiffs, the two have critical differences. In a class action lawsuit, a single lawsuit is filed on behalf of a group of people who have suffered similar harm. The group, or class, is represented collectively, and any settlement or judgment is divided among the members.
In class action lawsuits, the group is seen as one joint entity. Therefore, there aren’t various outcomes for the plaintiffs; everyone is treated as if it were one person filing.
In contrast, mass torts treat each plaintiff as an individual case. This allows for separate trials and settlements based on each circumstance.
In a mass tort case, the outcome for one plaintiff doesn’t necessarily affect the others. Each plaintiff's case is assessed based on specific facts and circumstances. Since it’s evaluated case-by-case, plaintiffs can be awarded varying compensation amounts.
Key Elements and Examples of Mass Tort Cases
Three main elements characterize mass tort cases:
- There must be a large number of plaintiffs with similar claims.
- The same defendant or group of defendants must cause harm or injury.
- While it’s not required for the plaintiffs’ injuries to be identical, they must be similar.
Examples of Mass Tort Cases
Multiple instances can spark a mass tort. Here are some common examples of mass tort cases.
- Chemical exposure: A mass tort case can arise when individuals are exposed to harmful chemicals. This can be through water contamination, air pollution, or unsafe chemicals in products.
- Faulty products: Defective products that cause injury can lead to mass torts. For example, a malfunctioning car part that causes accidents could spark a mass tort.
- Medication side effects: Pharmaceutical companies can find themselves in a mass tort case if their drugs cause severe or undisclosed side effects.
You’ve likely heard of a specific mass tort case before. Mass tort cases often capture public attention because of the large number of people affected and the profound impact on public health and safety.
You can find a list of the current litigations Legal Injury Advocates accepts here.
The Role of Attorneys in Mass Tort Litigation
Attorneys play a crucial role in mass tort litigation. Given the complexity and scale of these cases, legal representation involves extensive investigation, evidence gathering, and coordination among numerous plaintiffs. Attorneys must also navigate the intricacies of both state and federal laws, as mass torts often involve jurisdictional challenges.
Attorneys are also responsible for negotiating settlements, preparing for trial, and ensuring that each plaintiff's case is adequately represented.
At Legal Injury Advocates, our dedicated team is here to support mass tort victims through this experience. Our team can help assess potential victims' eligibility and guide them through the legal process.
Impact of Mass Torts on Legal and Social Landscapes
Mass torts can have significant legal and social impacts. Legally, they promote efficiency by consolidating numerous similar cases to help alleviate the burden on the court system. They also provide a channel for individuals to seek justice and hold large entities accountable for widespread harm.
Socially, mass torts can increase public awareness of harmful products or practices. They often prompt regulatory changes and influence corporate or government behavior, leading to improved safety standards and consumer protections.
Ultimately, mass torts are powerful tools for societal change. They ensure that many voices are heard and justice is served on a large scale.
Are You a Mass Tort Victim?
At Legal Injury Advocates, we’re dedicated to empowering you to start your journey to justice today. If you’ve been affected by a mass tort, contact our team today for a free case evaluation.
