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What is a Mass Tort?

Mass tort claims are civil actions involving multiple plaintiffs filing lawsuits against the same defendant by alleging harm due to the defendant’s negligence. The plaintiffs typically live in geographically diverse locations since the defective products or medications are often sold nationwide.

Due to the plaintiffs having similar claims against the defendant, courts often consolidate the cases into a multidistrict litigation (MDL) for convenience and efficiency. However, each case is still treated as an individual lawsuit. In MDLs, part of the case (general causation) is proved on behalf of all plaintiffs, but all plaintiffs still have to file an individual claim and provide proof of use and proof of damages. The claims are overseen by one judge for legal rulings and discovery.

These cases require experienced attorneys who understand the complex filing procedures that mass torts. Attorneys who are specialized in mass tort litigation can help you gather the evidence to support your claims and file your case into an MDL with the goal of qualifying your case for a potential settlement.

In mass tort cases, the burden is on the plaintiff to prove that the defendant’s bad action (whether negligent or intentional) caused their injury. Wrongdoers are punished in civil actions by having to pay court-ordered compensation (damages) to the injured person or people.

Benefits of Mass Tort Cases

Lawsuits are time-consuming and expensive. Civil wrongs can go uncompensated when individuals can’t afford to litigate their civil claims against big corporations. It is also challenging for plaintiffs to meet their burden that the defendant’s actions or inactions caused their injuries. The mounting costs of time and resources can deter justice.

However, MDLs provide an economy of scale with litigation because the costs of proving causation are borne by all plaintiffs, as opposed to each plaintiff having to individually prove their case.

How GoldenbergLaw Can Help You

If you or a loved one has been harmed by a defective drug or medical device, contact the Mass Tort Attorneys at GoldenbergLaw for a free consultation. We have more than 30 years of experience providing clients with the Gold standard of advocacy. GoldenbergLaw is a contingency fee-based firm which means that we don’t get paid unless you do. The mass tort process is free for you until you get justice! Leave the sleepless nights to us by reaching out today!

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