Mass Tort Lawyer
A mass tort lawyer understands that many people may not be familiar with the differences between mass torts and class action lawsuits, especially since the two terms are often mistakenly interchanged. Although both of these legal actions have similarities, there are also some very distinct differences between the two. The Law Offices Of Andrew Lynch has extensive experience representing injured clients in mass tort lawsuits and provides an overview of both legal options.
Mass Torts vs. Class Actions
In a mass tort action, there are a group of people – often from the same geographical area – who have all suffered injuries in a similar way by the same party or parties. Each victim has their own legal action filed against the party, but all of the victims are represented by the same mass tort attorney.
In class actions, there are also a group of people – usually larger than a mass tort group – who have suffered injuries in a similar way and by the same party, however, all of the victims are covered under one legal claim, referred to as “representative plaintiff.” This representative plaintiff stands in for the whole group, while in mass torts, each person in the group has their own individual case.
Determining Which Action Is the Legal Appropriate One
When a victim comes to the Law Offices Of Andrew Lynch, our mass tort attorney will evaluate their case to determine which type of action is the most appropriate one. Both have their own criteria. In a class action lawsuit:
- The number of plaintiffs is so numerous, it would be impractical to have separate lawsuits.
- The questions of facts or law are similar to all the members of the class.
- The claims made by the members and the defenses used by the at-fault party for each claim are the same.
- The representative party will fairly protect the interests of the other members of the class.
If one or more of the above criteria are not met, then an attorney will often recommend a mass tort action. For example, if the victims in the class were all injured by a defective drug, but the injuries sustained varied, it would not qualify as a class action. However, it could be filed as a mass tort action.
Types of Mass Tort Lawsuits
There are several different types of lawsuits that often end up in mass tort actions. These include:
- Dangerous or defective products – These actions often include products that have been involved in recalls and/or deemed defective, such as furniture, vehicle parts, children’s toys, baby equipment, appliances, etc.
- Pharmaceutical and medical products – Medications, medical devices, and medical equipment are often removed or recalled because they are found to be dangerous or defective.
- Environmental – If an organization commits acts that result in harm to the environment that results in harm to residents or other people who are in the area, those victims may have legal recourse in a mass tort action.
Contact Our Personal Injury Law Firm Today
If you have been injured due as a result of the negligence of another party and believe there have been other victims with the same issues, you may have the basis for a mass tort lawsuit. Call the Law Offices Of Andrew Lynch to meet with our Georgia mass tort lawyer and find out what legal recourse you may have.
