What is a Mass Tort Litigation?
A mass tort is a civil action involving numerous plaintiffs against one or a few defendants and occurs when many people are harmed by the same act or omission. This kind of tort happens when a class action cannot be certified or when there is benefit over choosing the class action procedure (such as sharing resoruces).
What is a Class Action Lawsuit?
A class action lawsuit is a type of lawsuit brought up by a group of plaintiffs on behalf of a larger group or “class”. This legal path has its own requirements, established by the Federal Rules of Civil Procedure. The most relevant are:
- Choosing a group action is more efficient than filing many individual lawsuits.
- The claim against the defendant is the same or very similar for the whole class.
- The group that acts on behalf of the class represents fairly the interests of the whole class.
- The “class” has to be certified before a judge, before carrying out any other action.
How is Money Distributed in a Class Action Lawsuit?
Whether the action is resolved by settlement or trial, the class members will be bound as a whole.
Typically, the payouts are distributed among the class but not always equally. Plaintiffs are “categorized” based on the severity of their damages, and the settlement funds are distributed to each of the “categories”.
Class representatives usually cash out more because their injuries are worse and the damages higher. The rest of the class may receive their share unevenly or equally, depending on what is court-mandated.
In the end, attorneys take a percentage of the settlement previously agreed with the court.
What is a Product Liability Case?
A product liability case is a type of case which includes defective products that caused any harm, either injuries or illnesses, to plaintiffs, and therefore, financial damages. In these cases, plaintiffs hold a manufacturer, designer, or seller of a defective product responsible for the injuries or illnesses that they endured.
What is a Defective Drug Case?
A defective drug case is a type of product liability case, in which a prescription or over-the-counter drug caused an injury or illness to a person and such been designed according to standards. There is also the chance that the manufacturer or seller of the drug failed to warn consumers about the risks of taking it.
How Do I File a Lawsuit?
To file a lawsuit the best thing to do is hiring an experienced attorney to represent you. Typically, these are the steps taken by an individual, law firm, or independent lawyer (solo practitioner) when filing a lawsuit:
- File a complaint/pleading or summons with the appointed court. These documents must include all the details of the claim and both parties.
- Paying the filing fee.
- The defendant is served with the documents.
- Proving to the court that the defendant has been served.
How Long Do I Have to File a Lawsuit?
At least one year, sometimes up to four years, but most of the time is two years. This depends on the statute of limitations of your state. Once you file a complaint, the clock stops ticking (the statute of lmitations is stalled), regardless your case takes many years to conclude in court. This is why it is so important to retain an attorney as soon as possible.
Do I Need An Attorney?
For most lawsuits, the best advice is to hire an attorney. Attorneys have the necessary expertise to successfully navigate through the U.S. judicial system. Also, paperwork and procedures may be overwhelming for most plaintiffs, making them spend more money, time, and energy.
Furthermore, attorneys know their way around a courtroom, other lawyers, defendants, and other stakeholders. They can help you understand if you have grounds for a case, against whom, and how much time you have to file a lawsuit, according to the statute of limitations.
They may suggest an individual lawsuit or joining a class action, according to the specifics of your claim. They also can estimate the compensation you may receive, and negotiate on your behalf with defendants and their attorneys.
How Much Does It Cost to Hire an Attorney?
At Legal Help Advisor we offer a free consultation and legal evaluation of your case by calling (757) 219 – 2185 or filling out our form online. Afterwards, we can connect you to law firms nationwide which specialize in the type of lawsuit you may need to file.
Usually, for mass tort cases, there is a contingency fee, which means that plaintiffs do not pay anything upfront, but their attorney receives a pre-agreed-upon percentage of the compensation determined by settlement or verdict.
Why Choose Legal Help Advisor?
When looking for an attorney for your case, you may be exposed to a sea of law firms and practitioners. At Legal Help Advisor, we hear you out to understand if you have grounds for a case, and what type of case is it. Afterwards, we connect you with an experienced and professional law firm or practitioner who can help you pursue the best legal path.
There are many reasons to choose us. Among those, we:
- Provide experience and knowledge and help you navigate the legal system. We guide you to understand your legal rights and responsibilities.
- Are specialized in mass tort cases for over 10 years, supporting plaintiffs affected by harmful medication consumption, defective medical devices, or manufacturer’s negligence.
- Offer a free consultation and legal evaluation of your potential case.
- Connect you with law firms across the country which are specialized in mass torts.
- Offer news, scientific research, court verdicts, and updates on active cases.
- Provide a platform where victims can share their stories.
- Give 24/7 support in both English and Spanish.
- Protect your sensitive personal information.
Work with integrity, fairness, accountability, and quality.decides to sue the manufacturer and/or distributor of the product.
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