What Is a Mass Tort?

When enough people are hurt by a dangerous drug, medical device or another defective product, a mass tort claim is frequently used to file a lawsuit. At Olinde Law Firm, we have the experience and resources to help clients through this difficult period as we take the responsible party to the task. 

As the number of civil lawsuits increases, it is possible to see a common thread. The plaintiffs are asking that their physical, emotional and financial damages be compensated due to the negligence of a single party. To do this effectively, the damages suffered by each plaintiff are examined individually. 

How Do Mass Torts Differ From a Class Action Lawsuit?

While both have multiple individuals who are hurt by a single entity, there are differences between a mass tort and a class action. In a class action, all the plaintiffs form a group with similar damages that are represented together. Alternatively, a mass tort deals with individual cases that share similar damages, which are handled separately. 

What Damages Are Available in a Mass Tort?

Since each case in a mass tort lawsuit is evaluated separately, the damages can vary. However, there is a range of damages that can be collected. The following damages are recoverable in a mass tort lawsuit:

  • Lost wages: These include the wages a person earned before the injury and would have continued earning if the accident had not happened. The damages can include pensions, perks of the job and other benefits.
  • Medical expenses: These include all medical expenses due to the accident and those that are needed in the future. Such costs are emergency room expenses, transportation to the hospital, surgical procedures, diagnostics, medications, physical therapy and others. Home care and necessary modifications to the home to accommodate disabilities are all included.
  • Disfigurement: All scarring and other types of disfigurement are recoverable. 
  • Reduced earning capacity: If the injured party can no longer perform the same work as before the accident and they are forced to take a lower-paying job, the difference between the two earnings can be reclaimed. 
  • Pain and suffering: The effects of an accident can continue, and these emotional, mental and physical damages are also recoverable. Symptoms can include anxiety, insomnia, fear, embarrassment and even post-traumatic stress disorder.
  • Disability: These are difficult to evaluate, and often, the help of a medical specialist is needed. Disabilities can involve brain injuries, spinal cord damage and others.

Is Filing a Mass Tort Beneficial?

Yes, it is for several reasons. The most common benefits are:

  • Streamlines the process
  • Emphasizes the extent of damage the product caused
  • Provides the client with a stronger chance of recovering compensation
  • Helps others that may be in a similar position in the future

How the Olinde Law Firm Can Help

Our attorneys and investigators work diligently to provide their clients with a successful outcome by:

  • Evaluating medical records and using the help of a medical expert if needed
  • Reviewing all case documents obtained during the discovery period
  • Preparing a robust case for each client
  • Helping resolve pretrial issues
  • Being available to clients when they need to talk to us

The Olinde Law Firm

Whether it is a defective product or medication, we are at your side throughout the process. Call the Olinde Law Firm at (800) 587-1889 to schedule a free case review. Our injury lawyers will answer your questions and discuss your options. We can also be reached online.