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Milwaukee personal injury mass tort attorneyWhat is a mass tort? A mass tort is a type of action that can be brought when there is one instance of negligence that causes injury to a group of people. Mass tort actions can be brought against defendants in state or federal court. It is not uncommon for these cases to be consolidated into multidistrict litigation.

A judge will determine if a mass tort action can be brought in multidistrict litigation. He or she will look at how many victims are involved, if the victims live near each other, if the injuries complained of are similar, and whether there is a common cause of the injuries, such as a single accident or product.

Typical Types of Mass Tort Actions

Wisconsin law does not limit mass tort actions to certain types of injuries or certain industries to mass tort actions. That said, there are certain claims that often are successful in using a mass tort action:

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Posted on in Car Accidents

Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee traffic accident attorneyLawsuits arising out of car accident claims are about assigning fault to the person who caused them, so that they can compensate the victims of the accident that they caused. When most people think of who caused an accident, they assume it must have been one of the drivers, but that is only one of the possibilities. With over 100,000 crashes in Wisconsin every year, there are also other potential causes. For instance, some accidents are the result of poor design or manufacturing on behalf of car makers. Other accidents can be caused by poor design of the roads themselves. Each of these causes requires its own legal theory during the lawsuit.

Negligence

The legal theory of negligence is the most common of the three legal theories. It applies in cases where the accident was caused by the carelessness of one of the drivers. Prevailing in a lawsuit based on negligence requires the plaintiff to prove four things. First, the plaintiff must show that the other driver had a duty to use due care to avoid harming other drivers, which is almost always true. Second, the plaintiff must show that the defendant breached that duty in some way. These breaches are examples of careless driving, such as speeding or driving while distracted. Third, the plaintiff must show that the accident was caused by the defendant's carelessness. Fourth, the plaintiff must demonstrate that the injuries that they are suing for resulted from the accident. If the injured driver can show those four things, then they can likely prevail on a negligence claim.

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product-liablitiyBy Attorney, Christopher Strohbehn

Selling a product on the open market comes with a great deal of responsibility and disclosure on the part of a manufacturer and / or retailer. As a consumer, you expect the products you purchase to be safe for you and your family. However, sometimes, through faulty testing or unforeseen issues, seemingly safe products can cause unforeseen injuries or even death. Knowing your rights after such an incident is often secondary to recovery, however it is important to understand who is responsible when and if such an event occurs. Here are five things to keep in mind if you or someone you know is injured or otherwise affected by faulty product.

1. Don't lose, throw away, or destroy the defective product! If you have been hurt as a result of a product defect, you should maintain the product in question for inspection, review and evidentiary purposes down the road. You do not want to find yourself in a situation where you are trying to prove your case about a defective product that cannot be produced to a jury.

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