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When a defective drug or product is available on the market, multiple consumers could be injured. These situations could lead to mass tort lawsuits in which multiple plaintiffs seek compensation for their injuries.
A mass tort lawsuit allows plaintiffs to share information and resources, which could help victims and their Rock Hill mass torts lawyers receive compensation. Your personal injury attorney could pursue compensation on your behalf while you focus on healing.
What Is a Mass Tort Lawsuit?
A mass tort lawsuit is one in which many consumers suffered similar injuries from using the same defective drug or product. These lawsuits cover a broad range of claims, and it is not uncommon for them to span several jurisdictions and be tried in federal courts. Often, they do not follow traditional, predictable legal timelines and procedures.
A Rock Hill mass torts attorney or a group of attorneys could represent many injured individuals. If a single attorney conducts an investigation, the results can be shared and used for all of the cases. Networks of attorneys across the nation can pool their resources to help each victim receive fair compensation for their losses and spread the costs of litigation among all of the plaintiffs.
Class Actions Vs. Mass Torts
Many people use the terms “class action lawsuit” and “mass torts” interchangeably. However, mass torts and class action lawsuits are different types of claims. Although similar, the ways in which these types of cases are handled is different.
Mass torts and class action lawsuits are similar in that one or more plaintiffs will come together to file a civil claim against a responsible individual or company. However, they are different in the way in which plaintiffs are considered.
In class action lawsuits, plaintiffs are certified and must have experienced similar types of damages. In mass tort claims, plaintiffs are treated as individuals and are entitled to compensation for their individual damages accordingly. Your attorney can analyze the circumstances of your case to determine whether pursuing a class action lawsuit or a mass tort is in your best interests.
Common Types of Mass Torts Our Firm Handles
Mass tort lawsuits can take many forms. Some of the more common types of mass tort lawsuits include:
Medication Mass Torts
Here, medical treatments and prescription medications have caused patients devastating and debilitating side effects—and in many cases, substantial economic losses.
Mass Toxic Torts
If multiple plaintiffs were exposed to harmful or toxic substances, they might have the opportunity to pursue a mass toxic tort. Here, your attorney will need to show that your exposure to a particular substance was the cause of your illness or injury.
Mass toxic torts may take years to develop and often include exposure through your work, environment, or home, through consumer products, and even pharmaceuticals. Some of the more common types of substances that may be the focus of toxic mass torts include asbestos, lead-based paint, industrial chemicals, and pesticides.
Mass Disaster Tort
When a natural disaster causes significant injury and property damages, victims may have the opportunity to pursue a mass disaster tort.
Plane Crashes and Motor Vehicle Accidents
When multiple plaintiffs have suffered critical or life-threatening injuries in a motor vehicle accident or aircraft crash, they could come together to pursue a mass tort claim.
Product Liability Tort Claims
When products are defective or malfunction when used as intended, causing devastating injury or illness, victims could have the opportunity to obtain compensation for their damages through a mass tort. Mass torts may be triggered in product liability claims after a recall has been issued.
Issues regarding product warranties and tortious misrepresentation can have an impact on victims’ opportunity to pursue product liability tort claims. Your attorney will be responsible for showing that the defective product in question was the cause of the victim’s damages. The defense is likely to argue that the plaintiff’s misuse of the product was the actual cause of their injury or illness.
Our Team Could Help You Regardless of What Type of Mass Tort Case You Face
These are only a few of the more common types of mass tort in Florida. If you have suffered devastating injury or illness, and other losses as a result of someone else’s negligence or misconduct, you could have the opportunity to pursue a mass tort lawsuit.
With help from your attorney, you could recover fair compensation for your damages. Start working on your case as soon as today when you contact our office for a free consultation.
South Carolina Statute of Limitations for Mass Torts in South Carolina
A statute of limitations is a legal deadline for filing an injury case. As per South Carolina Code §15-3-530, plaintiffs in a personal injury case must file a claim within three years. This includes plaintiffs who suffer damages and are eligible for a mass tort lawsuit.
If a potential plaintiff does not file their mass tort lawsuit within three years from the date of their injury, the claim will be void. Our mass torts lawyer in Rock Hill could help plaintiffs prepare and file their case within the statute of limitations.
How Long Does a Mass Tort Claim Take?
Mass tort claims don’t have a set timeline for resolution. Cases can be resolved rather quickly, or they could take years to settle, depending on specific factors. Your attorney might need to perform an in-depth investigation, interview witnesses and experts, obtain records, negotiate, and in some cases, litigate.
Plaintiffs may find that the case will have a natural ebb and flow of action as it winds its way to a conclusion. You may think that nothing is happening with your case, but in reality, there may be many things happening behind the scenes, including motions to dismiss. You can help streamline the process and assist your attorney with your case by:
- Hiring an attorney well before the statute of limitations runs out on your claim
- Discussing the case and turning over all the necessary information at the outset of the case
- Setting a schedule of routine communication with your lawyer
- Following all instructions from your legal counsel at all times during the case
What Are the Benefits of Filing a Mass Tort Claim?
You may wonder why you should move forward with a mask tort claim as opposed to an individual personal injury claim. There are many benefits to choosing a mass tort. Some of these include:
You Save Time When You Choose a Mass Tort
When hundreds or even thousands of people have suffered injury or illness due to someone else’s negligence or misconduct, grouping your claims together will speed up your litigation process and insurance negotiations.
Yu Access Extensive Legal Experience
In mass tort claims, multiple attorneys can pull their resources and research to build a compelling case against the defendant. The more evidence that can be used to support your case, the more likely it is you will obtain a favorable outcome.
You Save Money When You File a Mass Tort
When one or more plaintiffs come together, you can save money by sharing resources. This also gives you a better opportunity to get the most out of your individual settlement.
Your mass tort attorney will have knowledge from handling claims similar to yours. By working with other plaintiffs, you can pull your resources, obtain additional evidence to support your right to compensation, and be awarded compensation for your damages.
Your attorney will work to prove that the defendant’s negligence was the cause of your injuries and that you should be compensated accordingly for your suffering.
Available Compensation in a Mass Tort You Could Recover
In mass tort claims, every person’s damages are evaluated individually. This means you can recover fair compensation for your suffering. In mass tort claims, you have the opportunity to see compensation for both economic and non-economic damages to account for every single loss.
Econmic damages are monetary and have fixed financial value, while non-economic damages describe the ways your life and family have been affected by your injuries or illness. Some of the more common types of damages awarded in mass tort claims include:
- Physical pain and suffering
- Diminished earning capacity
- Future medical expenses
- Hospital bills, cost of mental health counseling, medical equipment fees, ambulance expenses, cost of prescription medications, and other healthcare fees
- Loss of income
- Diminished quality of life
- Disfigurement, skin scarring, dismemberment, or disability
- Emotional distress
- Unexpected household or child care expenses
Our team can give you a better understanding of how much you could be awarded in your mass tort claim when you contact our office to discuss your case.
Reach Out To Our Mass Torts Team Serving Rock Hill for Help Today
Mass tort lawsuits are time-consuming, complex, and challenging. A successful claim begins with knowledgeable legal counsel. A Rock Hill mass torts lawyer could help you and other victims hold the at-fault parties accountable for their actions or negligence.
Knowing what is at stake, defendants in mass tort lawsuits will vigorously defend the claims against them. These cases are best handled by attorneys who know the ins and outs of mass tort procedures and how to gather the evidence they need for success.
You could receive compensation for your injuries, but you will not know without a private consultation with a legal professional. Call Schiller & Hamilton today to find out what your case may be worth and begin working towards a positive resolution.