When a company commits actions that lead to the injury of many individuals, the impacted people can band together and file mass tort claims against the liable party to request compensation for their medical bills, lost income, and suffering. Successful mass tort claims require representation from experienced mass tort lawyers who have the experience and skill to achieve the most satisfactory outcomes possible for their clients.

If you or a loved one has been the victim of negligent or malicious behaviors by a corporation, Shrader & Associates, L.L.P., is here to manage your case as part of a larger mass tort action. We begin with a free initial case evaluation to verify that you qualify, then work with other representatives to seek the best possible outcome for you. Contact us to arrange a meeting and learn more today.

How the Mass Tort Attorneys at Shrader & Associates Can Help

The mass tort lawyers at Shrader & Associates have years of experience managing the details of individual and class-action lawsuits against large corporations that have harmed consumers. From medical device claims to toxic exposure cases, we have the background required to effectively manage mass tort claims. We do not back down from big companies and their legal teams.

Shrader & Associates offers free consultations with a mass tort attorney who can assess your claim’s strength and likelihood of success. We explain the legal issues involved in mass tort practice, including multi-district litigation and class action. Your attorney will discuss each step of the legal process so you can make informed decisions as you pursue your case.

Your Shrader & Associates mass tort lawyer will provide the trial counsel needed to effectively support your claim. We have spent decades persuading the courts to rule on the side of justice for our clients. We work closely with our clients and value the attorney-client relationships we build. We take pride in building the confidence of our clients to seek, with our guidance, the compensation they deserve.

Understanding Multidistrict Litigation: Mass Tort Litigation vs. Class Action Lawsuits

A mass tort is not like a typical personal injury lawsuit. This kind of litigation is much more complex and requires a law firm with solid experience to ensure the case goes smoothly. Your attorney will need to understand the harm that you have endured and identify other plaintiffs who have similar claims to determine if a mass tort case is warranted.

Mass tort cases often involve faulty medical devices or defective drugs. Other mass tort cases may arise from a single event that impacts many people, such as a train derailment, industrial accident, or data breach. The claimants who suffer similar injuries and decide to file a claim against the liable parties often go up against massive corporations that employ hundreds of lawyers to protect their interests, so you need a qualified law firm that works to safeguard your own interests.

While the settlement in a mass tort lawsuit can be very high, , only actual plaintiffs will receive any portion of the compensation. If you do not file a claim after being hurt by dangerous drugs or a defective product, you will get no financial relief. Since you may be unaware of any mass tort cases involving your injury, it benefits you to partner with an attorney who can explain your options for joining a mass tort lawsuit.

Mass Tort vs Class Action Lawsuit

Both mass tort and class action cases involve a large number of plaintiffs seeking justice from a negligent company. However, mass tort and class action lawsuits are legally very different. When legal teams decide whether the claims will be more successful as a mass tort or class action case, they look at the similarities among individual cases, the severity and number of injuries, and precedent for similar cases.

In a mass tort claim, only those who file will receive a settlement. The plaintiffs receive varying amounts of compensation based on their individual damage demands and the circumstances of their injuries. There is no established class.

Class action lawsuits collect hundreds or thousands of individual cases into one large claim that represents anyone who qualifies to be part of the established class. An example of a class could be: anyone who purchased a defective consumer product and registered to pursue product liability litigation. All those who registered in the class can receive a portion of the settlement or jury award.

Mass Torts vs Multi-district Litigation (MDL)

Mass tort claims can come from all over the country and are tried in their respective jurisdictions, often at the state court level, before proceeding to a federal judge, if needed. Multi-district litigation (MDL) is not a type of case but rather a type of federal procedure. It can be used as part of a mass tort action when the government wants to condense many claims into a single case.

MDL is often used in product liability claims to ensure the case is handled as quickly as possible and claimants’ damages are addressed. Like class action lawsuits, MDL compiles multiple claims into a single lawsuit. Unlike class action, plaintiffs do not receive a set amount. Instead, plaintiffs are awarded compensation reflective of their individual demands.

Types of Mass Tort Cases

There are many kinds of mass tort cases, including defective products, dangerous drugs, manmade disasters, and toxic exposure. When a large number of individuals are harmed, the grounds may exist for mass tort. One benefit of mass tort cases is that future plaintiffs can examine precedents set by other cases to strengthen their arguments and determine appropriate damage demands.

Defective Product Claims

Defective products can cause a range of injury, from minor burns to severe illness or injury. For example, a current MDL case is being developed for a chemical hair relaxer that has been linked to uterine cancer. Plaintiffs will likely include the potential loss of fertility in their damage demands.

Sometimes, a company may still face product liability lawsuits after issuing a recall for a defective item. The Chevy Bolt electric automobile has been recalled for a known fire hazard related to batteries overheating. Many individuals have suffered house fires, car accidents, and other dangerous situations and could claim resulting injuries in their lawsuits.

Dangerous Drug Claims

The manufacture, testing, sale, and distribution of pharmaceuticals is overseen by the Federal Food and Drug Administration (FDA). Many companies are vying for their share of the multi-billion-dollar drug market, flooding the FDA with thousands of requests for approval every year. The FDA has created a fast-track approval process that allows drugs to get to market faster, but this streamlined process may create loopholes that impact drug safety. When a drug is available to consumers too quickly, individuals can be hurt and suffer unexpected medical bills. Victims can file a complaint with the FDA, but they can also be part of mass tort claims to seek compensation.

Manmade Disaster Claims

When a catastrophe happens that results from human negligence, the victims can file a mass tort to hold both the company and responsible individuals accountable. Common examples include fires, explosions, and building failures. A manmade disaster claim might come from a large apartment building that collapses, injuring residents and bystanders. Manmade disaster lawyers would examine the building’s inspection reports investigate to see if the owners of the building made all necessary repairs. If it is discovered that the owners were negligent in completing repairs, the injured residents and bystanders can seek compensation for their damages through mass tort litigation.

Toxic Exposure Claims

Shrader & Associates has a special focus on toxic exposure cases, including asbestos, vinyl chloride, and benzene. When a company or individual fails to take proper precautions to contain or remove dangerous substances, their workers and members of the surrounding community can suffer injury. An entire town could be affected, leading to a mass tort case on behalf of those who became sick after breathing, drinking, or encountering the contaminants.

Toxic exposure cases require specific expertise. Law firms handling toxic exposure cases must successfully collaborate with experts in chemistry, biology, geology, and other sciences. They must also understand nuances of specific toxic exposures. For example, we often manage cases involving mesothelioma patients. This kind of cancer is highly associated with asbestos exposure. As a part of companies’ bankruptcy proceedings, many were required to establish asbestos trust funds to support victims of asbestos exposure that occurred at the hands of the company. Shrader & Associates has experience with toxic exposure cases and understands the expertise required and the channels available to pursue compensation on your behalf.

Understanding the Mass Tort Claim Process

Some mass tort cases are the culmination of hundreds of cases by individual claimants, but most mass tort cases are moved to the multi-district litigation (MDL) process to allow them to proceed more quickly. If your case is transferred to an MDL process, you will still be given an individual settlement based on your specific demands. Your claim will also be judged faster, and the cost of your case will be reduced, benefiting you and making the best use of limited court resources.

When a mass tort action is put under MDL procedures, the process works like this:

  • You file your personal injury claim: By consulting with a skilled mass tort law firm, you work with a lawyer who can identify the correct jurisdiction for your case. They will gather appropriate evidence and ensure you abide by your state’s statute of limitations for filing a claim.
  • Both sides file pre-trial motions: The attorneys for the plaintiff and defendants will file various motions to allow or disallow evidence. The court may appoint a steering committee for the case to provide additional guidance.
  • The court consolidates the cases: When there are enough legally similar personal injury claims, the courts may agree to consolidate them into one mass tort action.
  • Both sides begin the discovery process: During discovery, each side shares the evidence and materials they have gathered to support their side of the case. At this time, additional motions may be filed and witnesses will be deposed for their statements.
  • Individual bellwether trials are litigated: Attorneys for the individual cases will meet to select bellwether cases that are the best examples of how the injury occurred and how the injury affects the victims. These are typically claims that the lawyers feel have the best chance of success and demonstrate the needs of all plaintiffs. The results of the bellwether cases help each side determine how and if they want to take the remaining cases to trial or settle.
  • The defendant offers settlements: If bellwether cases go against the defendant, they will often be open to negotiating individual settlements with each plaintiff. If an agreement cannot be reached, each plaintiff may choose to continue to trial. Your mass tort attorney will examine the risk of trial against your needs and advise you on how to proceed.
  • Your personal injury trial begins: With mass tort claims, you are not restricted as a member of a class action suit, meaning you can move forward to a federal court for your case. If the judge and jury rule in your favor, you will receive compensation according to your demands, with the chance of punitive damages if the defendant’s actions were malicious or egregious.

Damages You Could Claim in Your Mass Tort Case

For mass tort cases, you are entitled to seek the full amount of both economic and non-economic damages you experienced as a result of the at-fault party’s negligence. Anything with a fixed cost is economic, and non-economic losses address the pain and suffering you have undergone. Examples of these losses include:

  • All medical bills associated with your illness or injury
  • Anxiety and depression
  • Attorney fees (in some states and some instances)
  • Chronic pain
  • Disfigurement and scarring
  • Travel expenses related to your medical appointments
  • Future medical and rehabilitation costs
  • Increased insurance premiums
  • Loss of quality of life
  • Lost income, earning potential, and benefits
  • Permanent disability
  • Physical therapy bills
  • Repair or replacement costs for damaged property

In some instances, the full value of a mass tort claim can be substantial. For example, suppose your 10-year-old child with no health issues suffers brain damage and paralysis from a defective product. The child’s medical needs and care costs will last for many decades. In addition to medical costs, the parents of this child may need to leave their paid job or drastically alter their lifestyle to adequately care for their child. Shrader & Associates is committed to calculating and fighting for the maximum compensation available in your case. We will identify all liable parties and ensure they are brought to justice for you and your loved ones.

Schedule Your Free Consultation with the Mass Tort Law Firm at Shrader & Associates

Our mass tort lawyers handle cases across the United States of America, and we believe in providing superior legal representation for those who have been harmed by large companies. We understand the complexity of mass tort, class action, and multi-district litigation proceedings and will work to apply the law to your greatest advantage. You can focus on recovering from your injuries or taking care of your loved ones and leave the legal concerns to us.

We provide the care and attention to detail your case deserves, and our lawyers are not afraid to go to court to protect the rights of each client. When you choose Shrader & Associates, L.L.P., you are working with a compassionate team at a nationally recognized American law firm. Contact us to schedule a free consultation, either online or by calling us today.