Understanding Mass Tort Lawsuits
There have been a lot of situations over the years in which the company or such institution has hurt a lot of people with something that they have actually 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.
When a big number of plaintiffs are hurt, they will often go into a lawsuit together. Such is true when the individuals who got hurt have similar situations or cases. When such list of plaintiffs would get really long, it is actually known as mass tort lawsuit.
You should know that the mass tort lawsuit is actually a civil action which involves any plaintiffs who all fight one or a few corporate defendants. This kind of action can be done in either a state or a federal court. As what the name says, the mass tort would actually include many plaintiffs. The law firms often make use of the mass media outlets to reach the 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. One very difficult part when it comes to mass tort litigation is knowing who is at fault and the amount of fault there is. There are many fields in which a person might become a part of such mass tort procedure. This would include the product liability, like for the tobacco or the breast implants, such big business antitrust claims like price fixing as well as the manmade disasters like the airplane crashes as well as 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 actually a civil procedure that means that the person should have a 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 a big number of claimants, there is that commonality of the factual as well as legal issues. This means that those who are serving the plaintiffs have the same facts in their cases and they don’t have differing legal issues. The final difference is that the claims have such value interdependence.