Las Vegas Mass Torts Lawyers
Experienced attorneys handling complex litigation in Las Vegas, NV
In Nevada, mass torts cases are a way for multiple individuals who suffer harm from the same product, action, or event to seek compensation. Mass torts cases allow plaintiffs to combine their claims, which often gives them a better way to take on the large corporations or entities that caused their injuries. This process helps the court system avoid becoming overrun and backlogged by hundreds of similar cases against the same defendant.
What is a mass tort?
A mass tort is a legal action involving multiple plaintiffs who collectively seek compensation for similar injuries or damages caused by the same defendant or defendants. Unlike a class action lawsuit, where one representative plaintiff acts on behalf of all affected individuals, mass torts allow each plaintiff to maintain their own individual claim while still benefiting from the group's collective strength. Also, unlike class actions, a plaintiff in a mass tort claim can refuse a settlement, while class action claims bind the participants to any group decision.
Mass torts are cases that involve widespread harm. These claims can come from injuries related to products, pharmaceuticals, environmental disasters, or corporate misconduct. In cases where a defective drug causes severe side effects for thousands of users, mass tort claims give those individuals a chance to come together to challenge the responsible pharmaceutical company. Grouping these similar claims allows for more efficient handling of cases because the plaintiffs can collectively present evidence and legal arguments. It also allows for the court to perform an individual assessment of damages based on each plaintiff’s unique injuries and circumstances. This aspect is important because injuries might be drastically different among injured individuals. For instance, the same disaster could cause a broken leg in one person and a traumatic brain injury in another. Each of those victims would have different damages.
At their core, mass torts are a more efficient process that still gives injury victims individual treatment.
What are some examples of mass torts?
There are several types of common mass tort claims. Here are some circumstances that could lead to these claims.
Dangerous products
Dangerous and defective products lead to many mass tort claims. Manufacturers are responsible for ensuring that their products are safe for use. When a company fails to do so on a large scale, injured consumers may use a mass tort claim to hold them responsible. There are three types of product liability mass torts:
- Manufacturing defects, where the product suffers a defect during the manufacturing process that makes it dangerous to use.
- Design defects, where the defect was present in the product design, which means that the product is inherently dangerous.
- Failure to provide warnings or instructions involves cases where consumers suffer injuries because the manufacturer failed to inform them of possible dangers related to using the product.
Large-scale catastrophes
Man-made disasters can injure dozens or even hundreds of people. These can include fires within a housing complex or an explosion at a manufacturing plant. Every victim may experience different injuries, but the same entity is generally the cause of the catastrophe. In such cases, victims can form a mass tort to secure compensation instead of filing separate, costly, and time-consuming claims.
Exposure to toxic substances
Mass toxic torts are a particular kind of mass tort claim that involves injuries or illnesses caused by exposure to chemicals or toxins. People can suffer injuries or harm from these substances in various ways. For example, someone might come into contact with a dangerous chemical while at work, breathe in toxic mold or asbestos at home without realizing it, or experience health issues due to toxins in certain medications. Also, dangerous or defective products can put individuals at risk of exposure to harmful substances.
Natural disasters
Natural disasters like hurricanes or tornadoes can cause devastating damages and injuries. Although no company or individual is responsible for the natural disaster itself, there are often claims that arise from various companies’ handling of the claims. For example, if an insurance company fails to pay out claims following a natural disaster, it can be held responsible through a mass tort lawsuit.
Defective drugs and medical devices
Dangerous and defective drugs and medical devices contribute to a significant amount of mass tort claims. For example, drugs may cause unintended and dangerous side effects that the manufacturer failed to warn consumers and physicians about. Or, medical devices may contain defects that cause harm to the patient. In these cases, the manufacturers of the products are typically liable for their defects.
How does a Las Vegas mass tort case work?
Mass tort claims, like all lawsuits, follow a basic process. Here is how most mass tort claims progress, from beginning to end:
- Identifying the problem. The mass tort process starts when people realize that the same product, substance, or action caused many people to suffer injuries. This could include exposure to harmful chemicals, a defective product, or dangerous medications. In some cases, like natural disasters, the commonalities might be obvious from the start. Other times, such as with medication side effects, it can potentially take years to connect the harm with the product and discover other people who experienced the same injuries.
- Consulting with a lawyer. Once affected individuals realize they suffered harm because of negligence, defective products, or another wrongful act, they often reach out to personal injury attorneys who handle mass torts claims. Next, a legal team, like the experienced lawyers at Claggett & Sykes Law Firm, can evaluate your situation, gather evidence, and help you understand your rights and options.
- Filing claims. After gathering enough people with similar claims, attorneys file lawsuits on behalf of individual plaintiffs or a group of plaintiffs. In some instances, these cases are combined through a process called multi-district litigation. This allows a single court to control the cases until they have to go to trial. While plaintiffs can maintain their own cases, the claims are all based on similar facts, making the legal process easier and more streamlined when plaintiffs file together. Additionally, mass torts allow plaintiffs to share related costs like court fees and expert witnesses.
- Discovery phase. During the discovery process, both sides exchange information related to the case. Relevant information may include medical records, expert opinions, and documents related to the harmful product or event. This information and documentation can help your attorney build a compelling case. In multidistrict litigation, all the information exchanged is shared with all the plaintiffs rather than attempting to gather this information in thousands of separate cases.
- Pre-trial proceedings. Before trial, the court may hold hearings that monitor the procedure and check that the parties are progressing with discovery and taking depositions. This stage can also include settlement discussions where the attorneys for both parties negotiate to try to reach an agreement on compensation for the plaintiffs. Both parties have an incentive to take a favorable settlement offer if they can avoid a trial, which saves time and money. However, your attorney should be ready to take your mass tort claim to court if the defendant refuses to make a fair offer.
- Trial. If the cases fail to settle, some or all of them will proceed to trial. If the cases were combined in a multi-district litigation, this is the point where the cases get sent back to their original courts and trials are done on an individual case basis. Normally, the plaintiffs and defendants will pick a few of their respective best cases and take those to trial as bellwether cases. This allows the sides to see how juries value the cases, which may help guide future settlement discussions. During the trial, both sides present their evidence, arguments, and witnesses before the court.
- Verdict and appeals. At the end of the trial, the jury delivers a verdict. If the plaintiffs win, the jury decides how much compensation each person shall recover based on their specific injuries. If either side disagrees with the decision, they can appeal.
- Compensation. Most mass tort cases that result in compensation to plaintiffs are resolved through settlement of all of the claims. Because there may be thousands of claimants, it is unlikely that every case will go to trial. Plaintiffs whose cases went to trial may receive money after the appeals process plays out in their individual case or as part of a global settlement of all the cases.
Mass tort cases can be complex and take a long time, but they provide a good way for people to hold companies accountable for the harm caused by their actions or products.
Las Vegas mass tort lawyers on your side
If you or a loved one have been harmed by a dangerous product, drug, or toxic substance, contact the experienced Las Vegas mass tort attorneys at Claggett & Sykes Law Firm today for a consultation. We can help you understand your rights, guide you through the legal process, and work tirelessly to ensure you secure the compensation you deserve. Start your case with a free initial consultation at our local Las Vegas law office. Simply call or fill out our contact form today.