In Which Types of Cases Is a Mass Tort Action Appropriate?

 Posted on February 08, 2019 in Personal Injury

Mass tort actions are especially useful in certain types of cases, as they provide an efficient way for personal injury victims to receive the compensation they deserve. Pharmaceutical and medical device claims are often brought forward through a mass tort action. This is because these products, if defective, will likely injure a large number of people. 

What Is a Mass Tort?

While the word “tort” is commonly used in the law, many people without a legal background do not know what it means. A tort is an injurious act that occurs due to the fault of another. Car accidents and slip and fall cases are common torts, as are damages made to land or property. Thus, a mass tort action involves an injurious act or product that affects a large group (or mass) of people.

A court will have to approve a mass tort action in order for it to proceed. In making its decision, it will review the following:

• The number of victims. There must be a substantial number of injured parties.
• The location of the victims. Mass tort actions are often used where the victims live near one another, although this is not always the case.
• Types of injuries alleged. The victims typically need to have the same or similar injuries.
• The cause of the injury. There is usually a common cause of the tort in mass tort actions.

Benefits of a Mass Tort Action

You may be wondering why a mass tort action is a preferable way to pursue damages in your case. With mass tort actions, the same evidence can be used in multiple related cases. This means that once the evidence is adequately developed, it can be used to help many people’s cases.

Not only does this mean that your case will be handled efficiently, but it also means that you may have a better chance at recovery, since the evidence has been found persuasive for others who are in a similar situation. 

Mass tort actions usually result in higher damage awards for accident victims than class action lawsuits. This is because each injured party will be able to present his or her unique case. With class action suits, only one person is chosen as a class representative in a single case, and this is one reason damage awards can be lower.

Call a Milwaukee, WI Personal Injury Lawyer

Under Wisconsin law, being injured due to the fault of another means you have certain rights to compensation for expenses like medical bills, lost wages, and pain and suffering. Our skilled Milwaukee mass tort attorneys will pursue all your rights to get you the most compensation possible. 

Many accident victims underestimate how much compensation may be available to them. Let our firm evaluate your case and determine the best way to bring your claim forward. Call us today at 414-271-1440.

Sources:

https://www.rand.org/pubs/research_briefs/RB9021/index1.html