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The following article was published in our article directory on October 29, 2013.
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Mass Tort: When Should It Be Filed?

Article Category: Legal

Author Name: Nicole Marks

Unlike a criminal case, a tort is a civil case filed to seek damages for a injury caused by a person or an entity which resulted to injuries to the person filing the case. The person or entity who is liable for the injury can defend its case to the court as the victim or plaintiff seeks to be compensated.

What Is a Mass Tort?

A mass tort, on the other hand, has different plaintiffs or victims in just a single legal case against one or many defendants. In general, victims file a tort case because they suffered injuries with the use of one particular product or service.

A mass tort can either be a consumer product or a pharmaceutical claim. With regards to the former, different victims decide to file one case against the manufacturing company for the injuries caused by their use of the product. On the other hand, a pharmaceutical claim is a tort case filed by different plaintiffs against a drug company for the injuries they suffered from the use of the drug.

When Can a Tort Case Become a Mass Tort?

If there are various victims, the lawyer can seek permission from the court to consolidate all the cases into just one mass tort case especially when there is just one defendant. It is possible for the court to grant the request if there is a huge number of victims; the infirmities suffered are the same in all the victims; the victims live in one location; or there is a common disaster or product which caused the injuries.

Once the court has determined the possibility of consolidating all the cases into one, a judge will be assigned to handle the tort case. A notice of the tort case may be published through various forms of media so that other victims can participate in the mass tort case.

Advantages of a Mass Tort to a Victim

A victim who takes part in this tort case can be assured of maximum efficiency because the preparation and investigation of the case can be used by different plaintiffs. It is cost-effective as well.

Also, the defendant may settle out of court if there are numerous plaintiffs who suffer the same injuries caused by the defendant's dangerous product. This means the victims can get paid quickly without waiting for the trial to be over.

Differences of a Mass Tort and a Class Action

With regards to a consolidated tort case, every victim has a separate claim for damages. The plaintiff has his own distinct trial. On the other hand, a class action has different victims but has one trial only. Therefore, the awarded damages are divided among the victims.

A tort is filed if one legal criterion of a class action isn't met. It is commonly filed when each plaintiff has a lot of factual and uncommon circumstances which are more than the common issues necessary for a class action. Usually, only one lawyer or one law firm handles this kind of legal case.

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