Mass Tort Lawyer

June 26, 2023 | Attorney, Matthew Dolman

Occasionally, a manufacturer or other party becomes responsible for serious injury to more than one person. When multiple parties experience similar injuries due to someone else's negligence, they may have grounds to pursue mass tort litigation.

Ideally, people injured by a single event or multiple events occurring over time, such as cases involving a defective medical device, should join in a lawsuit to pursue compensation for these losses. Collective representation is cheaper and easier than individual representation. Plus, there's a higher chance of a win when collectively represented; there are fewer legal obstacles to overcome with the help of a mass tort litigation lawyer.

The problem is that some states do not allow this, so they have created their own versions of mass tort litigation. These laws vary from state to state. For example, California has Proposition 65, which requires warning labels on products containing chemicals known to cause cancer or congenital disabilities.

Dolman Law Group is well acquainted with the rules regarding mass torts, and we know how to ensure you receive fair damages. Over the years, our Mass Tort Lawyers have represented many clients involved in mass torts and secured fair case results. We understand what it takes to win these cases and will work hard to help you achieve your goals.

How Can Dolman Law Group Help Me Join a Mass Tort Case?

We represent plaintiffs in personal injury claims, medical malpractice claims, product liability claims, wrongful death claims, and other types of claims. We have trial attorneys who are ready to fight for you. Our accident and injury lawyers will take care of every aspect of your case from start to finish.

More specifically, our experienced legal team has represented clients in mass tort litigation. We have handled many cases involving:

We will handle everything for you, including:

  • Discovery (gathering evidence)
  • Trial preparation
  • Settlement negotiations
  • Post-trial motions
  • Appeals
  • Appellate representation

Mass Tort Litigation vs. Class Action Lawsuit

Mass Tort Litigation refers to a type of legal action where many plaintiffs file lawsuits against a common defendant or group of defendants over similar or related claims. These claims typically involve personal injury or harm caused by a product or service, and the plaintiffs seek compensation for damages suffered. 

In mass tort cases, the plaintiffs are typically too numerous to be heard in a single trial, so the cases are often consolidated for pre-trial proceedings and sometimes for trial as well. Mass tort litigation is a way for individuals to seek justice and compensation for harm suffered on a large scale, and it can also bring attention to dangerous products or practices and lead to changes in the law.

Mass tort litigation shares similarities with class action lawsuits in that they allow individuals to collectively negotiate for compensation for their injuries. However, in contrast to class actions, mass tort settlements generally value the plaintiffs' claims individually, allowing them to obtain compensation that's relative to the degree of their damages. 

For example, in the case of a dangerous drug or defective product liability suit, you may have developed a respiratory illness, while another claimant lost a loved one to the same product. Both deserve fair compensation; however, the amounts will vary based on the severity of these losses. 

For this reason, among many others, it's crucial to have an experienced mass tort attorney on your side; your legal representative can negotiate toward maximum compensation that's tailored to your claim. Contact us today to learn more about how Dolman Law Group can help you work toward the successful resolution of your claim. 

Mass Torts and Multi-District Litigation (MDL)

Many mass tort cases involve an action called multidistrict Litigation (MDL). Multidistrict litigation combines multiple lawsuits from mass tort plaintiffs in front of one federal judge. Upon this decision, a jury appoints lawyers who serve as the steering committee. Multidistrict litigation expedites the discovery process of mass tort claims by allowing multiple plaintiffs to receive copies of the same information and for this information to be used in relation to multiple parties.

A law firm with experience in mass tort cases and multidistrict litigation is an excellent option when considering how you might maximize your potential settlement in this type of personal injury claim.

What does It Cost to Hire a Mass Tort Litigation Lawyer?

The cost of hiring a mass tort lawyer depends on your type of claim. If you want to hire one of our competitor law firms, they may charge you thousands per hour. However, Dolman Law Group offers free consultations and contingency-fee-based representation. 

We will explain your options and advise whether you should pursue a particular claim. If you decide to proceed, we will prepare a detailed agreement outlining the terms of our representation, including the percentage of your settlement or judgment that we will take as our fee. If we do not win your case, you do not pay us.

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Am I Eligible for Compensation Through a Personal Injury Mass Tort Case?

Most states have statutes that allow personal injury victims to pursue compensation. In a mass tort case, you could be eligible to file a mass tort claim and receive compensation under the following circumstances:

  • You were exposed to a harmful substance or object.
  • You suffered bodily harm because of the exposure.
  • Someone else's negligence caused your exposure.
  • Someone has failed to warn you of the potential dangers associated with your exposure.

You might not even have to prove that the defendant's negligence caused you to be injured. You might only have to prove that you used a certain product as directed and suffered injuries.

Is There a Deadline to File My Personal Injury Lawsuit?

The deadline for mass tort lawsuits varies depending on your state. Generally speaking, the statute of limitations begins running when you are first diagnosed with a disease or condition. For example, if you suffer from mesothelioma, the statute of limitations would start running when you were first diagnosed with this cancer.

Most states require that you bring a suit within several years of discovering your injury. Some states allow you additional time to file your complaint if you did not know about your injury until a while after you were harmed. Our lawyers assist with cases throughout the United States and can help you understand how your jurisdiction's laws may affect your claim.

What Happens Next? When Can I Join a Mass Tort Case?

Once you sign an engagement letter, we will start working on your case. Our attorneys at Dolman Law Group will review your medical records and evaluate your claim. We will determine whether it makes sense to take your case to trial. Your lawyer will discuss this decision with you.

We will draft a complaint and answer interrogatories if we agree to represent you. These documents will tell your side of the story. We may need to depose witnesses who saw you at work, doctors who treated you, and experts who can testify as to what happened.

We will also try to settle your case before going to court. Sometimes, we are able to negotiate a settlement without having to go to trial.

If it makes sense in your case, you could join an ongoing mass tort case (or we could start one with other victims that suffered due to the same at-fault party).

Who Is at Fault for My Personal Injuries?

The parties at fault for your injuries will depend on how you were injured, like whether:

  • You were hurt at work
  • You were hurt using a product
  • You were hurt getting medical care
  • You were riding a bus
  • You were in a negligently constructed building

Manufacturers, sellers, chemical companies, your employer, a municipality, a construction company, and many more parties could be at fault for your injuries. Your lawyer will explore and investigate the circumstances that led to your losses. We may then reach out to other victims and start a mass tort against the appropriate party.

How do I know If My Situation Qualifies As a Mass Tort?

There are many different ways to classify a lawsuit as a mass tort. For example, some courts consider all product liability lawsuits mass torts. Other courts look only at those cases involving more than one defendant.

Some courts use a three-part test to determine whether a mass tort case is viable. This test asks:

  • Does the plaintiff's injury involve a single event or occurrence?
  • Is the number of defendants high enough to make the joinder impractical?
  • Do the claims arise from the same core of operative facts?

Speak to your lawyer about your options and whether your case qualifies for mass tort litigation.

What Compensation is Available to Me in a Mass Tort Case?

Injured claimants who achieve a successful case outcome are eligible to receive both economic and non-economic damages, including:

  • Lost wages and income
  • Medical bills and expenses, including physical therapy, surgery, and medications
  • Loss of enjoyment and quality of life
  • Pain and suffering

Your lawyer will evaluate your losses and work to achieve a settlement that is appropriate to your individual case while working to maximize your settlement.

Dolman Law Group Will Fight for Fair Damages for You

Personal Injury Lawyer
Matt Dolman, Mass Tort Attorney

The best way to find out if you have a good case for a mass tort lawsuit is to talk to us. Our skilled mass tort attorneys will explain how our experience has helped other clients get fair settlements and recover damages. Call Dolman Law Group today at (727) 451-6900.

We could represent you in a mass tort, an individual lawsuit, or your pursuit of an insurance or workers' compensation claim.

The Dolman Law Group works with local counsel in any jurisdiction outside Florida for the purpose of filing lawsuits in jurisdictions wherein we are not licensed. Thus, we will follow each State's ethical rules to ensure a local attorney is involved.

 

Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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