What You Must Know Regarding Mass Tort Lawsuits
There have been several instances over the years in which a company or the institution has hurt numerous individuals with something which they have 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 big number of plaintiffs would be hurt, they will often get into the 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 usually use the mass media outlets in order to reach such possible plaintiffs. Such kind of tort may include the mass toxic torts, disaster torts and also the product liability torts.
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Understand that such mass tort litigation is a new area of law. It is very complex and demanding area of law. A really difficult part when it comes to mass tort litigation is knowing just who is at fault and also how much fault is there. There are several fields wherein a person might become a part of the mass tort procedure. This is going to include the product liability, such as for the tobacco or those breast implants, the big business antitrust claims like the price fixing and the manmade disasters such as the airplane crashes and the chemical plant explosions.
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If a person has established the mass tort claim, the procedure is the same to any regular personal injury, tort or lawsuit. 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.
Mass torts are different in which they would involve huge number of claims that are associated with a 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. The final difference is that the claims have such value interdependence.