Because of all the many movies and shows based around class actions, it seems like the only way for everyone impacted to see a reasonable conclusion. That's not entirely true. Through class action or mass tort lawsuits, you can manage your claim as one part of a large group of victims. It can be challenging for people to realize that they're not the only ones, and often it can be both a relief and another obstacle to overcome.
Class actions and mass torts are very different, however, and you can work with an attorney to learn exactly what each demand. It's possible that you have a mass tort case ahead of you, rather than a class action. But you'll only know if you contact a personal injury law firm that handles mass tort cases to discuss the extent of the trauma and damages involved in the case.
What is a Class Action Lawsuit?
A class-action lawsuit is commonly misunderstood as a lawsuit of many people against one company or entity. That is partially correct. What happens in a class-action lawsuit is that one person or a very small party represents the interests of a large group of victims. That means that one or two people may ultimately make decisions that impact ten or more people. The class-action lawsuit option is available when you have a high volume of victims and someone that wants to move forward immediately.
Common Resolutions for Class Actions
Most often, resolutions for class actions happen through private settlement negotiations. When that happens, the other victims are only represented by that one person or small group. The goal is to obtain the most reasonable settlement possible, not necessarily to recover all the damages involved.
It's rather different than other resolutions in that class actions rarely go to court because there is usually one final decision-maker.
What is a Mass Tort Lawsuit?
Often a mass tort will refer to a dangerous device or drug. Unlike a class action where there was clear negligence, a mass tort often comes from the presence of inaction or unknown presence of contaminants. Zantac is one example of mass tort in that for years, users and government officials knew that there was a connection between the drug and various ailments, including cancer. However, it was only when a manufacturer contaminant was identified that the source was made clear.
How Do Attorneys Resolve Mass Tort Lawsuits?
Unlike class-action lawsuits when you're looking at a very common factor, a mass tort is a far more complex matter of litigation. Mass torts can, and often do, progress to trial. Part of the pre-trial process is extremely important because there's the need to confirm that nearly all elements of liability are the same across all the injured parties.
When it comes to resolving mass tort lawsuits, the judge will often make the final determination. Tort lawsuits do often go through to court because there is not a single person representing the entire victim collection.
Major Differences Between the Two
Mass tort lawsuits usually involve smaller groups of victims, and usually, those victims are geographically near each other. A judge may determine through pre-trial processes that the victims do or do not have the same injuries and need the same treatment or that they differ and require different treatments.
Class action lawsuits however, often don't take into consideration how different or similar the victims are. Instead, they simply group them together and then proceed with the best interest of the group as a collective rather than the victims directly. Class actions are often resolved through a settlement that can benefit some victims extensively and others very little.
Finding a Personal Injury Attorney in Birmingham
When you're looking for a resolution for something that a large group experienced together. There are, of course, elements that any personal injury attorney would review for possible management of a mass tort or personal injury case. The matters here are going to look at the commonality between the claimants and the injuries sustained.
The Mike Bell Firm has extensive experience with handling mass tort claims for dangerous devices and drugs. It's difficult for those who are the victims here because there's this element that their case is lost among so many open cases. Mass tort gathers those cases together and gives them all validity and importance. There's nothing so troublesome as an injury at someone else's profit that leaves its victims without any validation. Call the Mike Bell Firm to get started with your case now.
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment