Torts are civil wrongs. Although they might involve criminal acts, tort cases are heard in the civil courts as opposed to the criminal courts. A tort might be committed by a single individual or by a Fortune 500 company. They typically involve some type of personal injury, monetary loss or damage to personal or real property. As per our mass torts lawyer Los Angeles, here are three common examples of mass tort actions:

  • Dangerous pharmaceutical drugs.
  • Product liability claims like defective seat belt or air bag cases.
  • Environmental torts when toxic chemicals are released into the air or water.
  • Distinguishing Between Mass Torts and Class Actions

Should a mass tort arise, our Los Angeles mass torts attorney will allege injuries and damages that have been suffered by many people. These typically turn on the law of negligence or the law of product liability. Although both types of cases involve multiple plaintiffs, mass tort actions aren’t to be confused with class actions. For example, in a class action lawsuit, multiple plaintiffs join into a single lawsuit against one or more defendants. For better or for worse, they achieve one single result. In mass tort cases, every plaintiff retains their own individual claim, each with their own individual damages. If they don’t settle, and they are successful in trial, each such plaintiff receives his or her own individual award. As per our personal injury lawyer Los Angeles, these awards are almost always exponentially higher than what a plaintiff might receive in a class action. Since information is shared in mass tort cases, they ordinarily proceed faster than class actions too.

Simply having a large number of plaintiffs doesn’t allow you to file a mass tort action. You’re required to obtain permission from the courts. Here are the factors that a court will use to decide whether to allow a mass tort action:

  • The number of plaintiffs. A large number of plaintiffs is more likely to be allowed to file on an alleged mass tort.
  • Where the alleged victims reside and their proximity to each other.
  • Whether the injuries or illnesses that the plaintiffs complain of are similar.
  • Whether the claims carry one or more common threads.

Mass tort litigation involves complex issues of law, proof and procedure. If you believe that you were the victim of a mass tort, you can arrange for a free consultation and case evaluation with mass torts attorney Los Angeles Oscar Gutierrez. After listening to you carefully and answering your questions, he will advise you of your full range of legal options.