Reno Mass Torts Lawyers
Experienced legal support for plaintiffs filing mass tort claims in Nevada
Mass torts are claims that allow many people to come together and file an injury claim against a common defendant. The defendants are typically organizations like corporations or insurance companies. Plaintiffs in these cases may have suffered harm from the same product, event, or behavior, meaning their cases will involve many similarities. If all plaintiffs were to file separately, they could overload the court system with hundreds of cases that would share much of the same evidence. These cases can offer benefits to the court system and the plaintiffs by allowing them to consolidate resources.
Understanding mass torts
A mass tort involves a group of individuals who have all suffered similar injuries or damages caused by the same defendant. Mass torts are often an appropriate way to handle several situations, including:
- Defective products. These cases occur when a product is inherently dangerous or not made correctly, leading to consumer injuries. For example, if a toy is found to have small parts that can choke a child, parents whose children suffered harm can file a mass tort against the toy manufacturer.
- Pharmaceuticals. Mass torts often involve dangerous drugs that cause harmful side effects. If a drug makes it onto the market and causes injuries, it is likely that many people will have suffered similar harm as a result. Patients who took the drug can join together to hold the pharmaceutical company responsible.
- Toxic exposure. Individuals may suffer health problems when exposed to harmful substances like chemicals or pollutants. For example, if a factory releases toxic waste into a community’s water supply, people who become sick can file a mass tort against the factory.
- Environmental disasters. Mass torts can also be applied to disasters like oil spills or chemical leaks. When many people in the same community are harmed by the same incident, they can band together to seek compensation for their injuries and losses.
- Medical devices. If a medical device, like a hip implant, causes harm to multiple patients, those affected can file a mass tort against the manufacturer.
The Reno personal injury attorneys at Claggett & Sykes Trial Lawyers have experience handling these types of claims and are ready to discuss your case.
How do mass torts work?
Mass torts claims are similar to other lawsuits, but they hold some advantages for the injured parties. The process involves several steps and may seem complicated, but your attorney can help you understand each stage along the way. In general, the case will proceed something like this:
- Identifying the problem. Individuals may discover they have all been harmed by the same product or action. They may share similar injuries or health issues and start looking for a way to seek compensation for the harm that the product or company caused them.
- Consulting attorneys. Some injured individuals start to seek out personal injury lawyers with experience in mass torts. Attorneys like the experienced Reno mass tort lawyers at Claggett & Sykes can then evaluate the situation and help the plaintiffs understand their rights and options.
- Gathering evidence. Once enough plaintiffs join the group, the attorneys start to gather evidence to support the claims. Evidence might include medical records, product information, expert witness testimony, and documents related to the defendant’s actions. This evidence will help them start to build a claim.
- Filing claims. After gathering evidence, the attorneys will 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. Each plaintiff can maintain their own case, but because these claims are based on similar facts, it is easier for the court to handle them together. For plaintiffs, joining forces lets them share costs, which might include court fees or expert witness expenses.
- Discovery phase. During discovery, both sides exchange information relevant to the case. This can include things like depositions, which are a formal interview under oath. Parties also share documents and expert witness reports. The discovery phase allows the attorneys a better understanding of the strengths and weaknesses of each side of the case. Armed with that information, they will be able to negotiate or prepare to take the case to trial. In multi-district 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 going to trial, the court may hold hearings to address various legal issues, like motions to dismiss or motions for summary judgment. This stage can also involve settlement negotiations. At this time, the defendant may offer the plaintiffs compensation to avoid going to trial. An attorney may suggest that the settlement is a strong offer or deny the offer if they believe it is too low.
- 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. The jury then decides the outcome.
- Verdict and appeals. After the trial, the jury delivers a verdict. If the plaintiffs win, the jury determines the compensation awarded to each individual based on their personal damages. If either side is dissatisfied with the verdict, they may appeal the decision.
- Compensation distribution. Most mass tort cases that result in compensation to plaintiffs resolve 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.
What’s the difference between a mass tort and a class action?
Mass torts and class actions are similar in that they both involve multiple plaintiffs seeking compensation. However, there are a few important differences.
In a mass tort, each plaintiff has their own individual claim and can seek different amounts of compensation based on their circumstances. A class action is different because one representative plaintiff acts on behalf of the entire group, and any compensation awarded is divided among all members of the class.
Mass tort cases often involve separate trials for each plaintiff or groups of plaintiffs, which allows the court an opportunity to consider your individual circumstances. Class actions, on the other hand, typically have one trial that determines the outcome for all members of the class.
In mass torts, plaintiffs can receive different amounts of compensation depending on their injuries and losses. Class actions, in contrast, involve an award that is based on a formula that applies to everyone in the class. This may not adequately reflect your individual damages. Additionally, in mass tort claims, the plaintiff has the right to reject any settlement, even if the majority wants to accept, while class actions are binding on all plaintiffs.
Why are mass torts important?
Mass torts play an important role in the legal system for a variety of reasons. Here are some advantages of this type of claim.
- Mass torts can hold powerful corporations accountable for their actions. When companies produce dangerous products or engage in harmful practices, a mass tort provides a way for affected individuals to seek justice and compensation.
- Mass torts help level the playing field for individuals who may not have the resources to pursue legal action alone. Banding together allows plaintiffs to share costs and increase their chances of success.
- Mass tort cases often also bring public awareness to serious issues that affect many people. By highlighting the dangers of certain products or practices, a mass tort can lead to changes in regulations and improved safety standards.
- Handling multiple similar claims as a mass tort can help streamline the legal process. The court can address common issues more efficiently, which can lead to a quicker resolution of your case.
- When companies face the possibility of mass tort litigation, they may be more likely to take precautions to prevent further harm. This can lead to better practices and safer products in the future.
Reno mass tort lawyers on your side
If you or a loved one has suffered harm from a defective product, dangerous medication, or toxic exposure, mass tort cases can provide a powerful way to hold corporations responsible. At Claggett & Sykes Trial Lawyers, we file mass torts on behalf of our clients and help them seek compensation for the harm they’ve suffered. Reach out to us today for a consultation. We are ready to help you understand your rights, guide you through the legal process, and work tirelessly to protect your interests. Start your case with a free initial consultation at our local Reno law office. Simply call or fill out our contact form today.