Things to Know About Mass Tort Lawsuits
There have been a lot of situations over the years in which the company or such institution has hurt a lot of people with something that they have actually put on the market. Some of the examples are going to include the fen-phen lawsuits in 1990s and the early 2000s as well as the big tobacco or cigarette industry settlement and the lawsuits that were filed over the Firestone tire explosions.
If a huge number of plaintiffs get hurt, they will usually get into such lawsuit together. This is certainly true when the people hurt have the same cases. Such is known as a mass tort lawsuit when the list of the plaintiffs become very long.
You must know that such mass tort lawsuits is one civil action that would involve plaintiffs who all fight one or some corporate defendants. This type of action can be done in either the state or the federal court. As what the name would say, the mass tort would include several plaintiffs. The law firms often make use of the mass media outlets to reach the possible plaintiffs. Such kind of tort may include the mass toxic torts, disaster torts and also the product liability torts.
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Know that the mass tort litigation is one new area of law. It is really a complex and also demanding area of law. A very hard part when it comes to mass tort litigation is understanding who is at fault and also the amount of fault that there is. There are several fields wherein a person might become a part of the mass tort procedure. Such would include the product liability, like for the tobacco or the breast implants, big business antitrust claims such as the price fixing as well as the manmade disasters like chemical plant explosions and airplane crashes.
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When a person has actually established such mass tort claim, then the procedure is the same to a regular personal injury, lawsuit or tort. It is a civil procedure which means that the person must have that cause of action. While these are the same to regular tort proceedings, there are also a few significant differences between the regular tort as well as the mass tort proceedings.
The mass torts are a lot different wherein they would include a big number of claims which are associated with a certain product. The second thing that you must know is that despite the big number of claimants, there is also a commonality of factual and also legal issues. What this means is that those who serve the plaintiffs have similar facts in the cases and they also don’t have such differing legal problems. A final difference is that the claims have that value interdependence.