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Most personal injury cases are a point of debate between two parties. On one hand, you have a plaintiff who suffers a personal injury. On the other side, you have a defendant who is responsible for inflicting that injury. The outcome of a case is a matter only between these two parties, and a plaintiff must pursue their claim alone, even against large corporations.
However, there are scenarios in which multiple plaintiffs suffer similar injuries arising out of a single incident. If the same defendants are responsible for the incident that causes these losses, these plaintiffs may join their cases together into mass torts. This can carry significant advantages for plaintiffs and help to make their claims more efficient.
A York County mass torts lawyer could help you to determine if your personal injury claim qualifies for a mass tort. They could explain the laws that govern mass torts, identify any ongoing claims, and fight to obtain the compensation you deserve with as little stress as possible for you.
The Legal Requirements for Mass Torts
A mass tort describes a legal scenario where multiple plaintiffs join their similar claims against a single defendant. However, this joining of cases is not always possible, and courts must evaluate a request made by plaintiffs for certification as a mass tort.
Under the Federal Rules of Civil Procedure, courts have the authority to certify claims as a mass tort only if they meet specific qualifications. These include:
- The plaintiffs name a common defendant as being responsible for their losses
- The losses arise out of a common incident or pattern of behavior
- The defendant’s actions affected a significant group of people
It is worth noting that the plaintiff’s injuries do not need to be identical. For example, in cases where a defendant is a company accused of dumping toxic waste into the water supply of a town, the affected residents may request a mass tort. This is possible because they are accusing a single defendant of harming multiple people as the result of a common set of facts. Each of these plaintiffs may demand their own damages from the defendant. A York County mass torts attorney could help to determine if a person’s claim meets the legal requirements for a mass tort.
What are the Benefits of a Mass Tort?
Even if a person’s claim qualifies for a mass tort, victims still need to question whether this is the right move for them. There is never a requirement to join a mass tort to obtain compensation, but doing so does carry many potential advantages.
Perhaps the most compelling reason to join a mass tort is that all the plaintiffs can share a single set of evidence. Using the toxic waste example above, mass tort participants can use a single expert witness’s report stating that the chemicals involved in the incident are a threat to human health.
Mass torts also provide an advantage in that plaintiffs can pool their resources. Conducting litigation is expensive, and the types of defendants in these cases are often large corporations who can afford to spend large sums of money defending the cases. Mass tort participants can limit their legal costs by pursuing their claims in one single trial. Furthermore, not every plaintiff needs to appear in court or participate in depositions. A York County mass litigation attorney could provide more information about the potential advantages of joining a mass tort.
A York County Mass Torts Attorney Could Help to Protect Your Legal Rights
Pursuing a claim for damages after suffering a personal injury may seem like a complicated and stressful process. Especially in situations where the defendant is a massive corporation, it may seem like the odds are stacked against you. However, you may have the option of joining with other plaintiffs in a mass tort.
A York County mass torts lawyer could evaluate your eligibility to join a mass tort and take the necessary steps to seek the compensation that you deserve. Contact Schiller & Hamilton today to see if you have a case.