The world of legal practice can, understandably, be overwhelming to someone who isn’t professionally trained. One example of a task that often feels too monumental to overcome is an individual taking on a massive corporation that has caused them harm. In the modern world, mass tort litigation is an important area where individuals can join together to take action against a corporation or entity that has caused harm to many people. These cases are about seeking justice, but they are also designed to right a wrong that has negatively impacted countless lives, many times with lasting and serious consequences.
At LJW, we specialize in mass tort cases, using our considerable experience and knowledge of this legal area to support people who have been negatively affected by widespread issues caused by corporations or other entities.
When individuals stay silent, negligent entities win. Contact our firm right away to talk about the harm you or a loved one has suffered as a result of a negligent or reckless business or entity. While you may feel all alone right now, you can be confident that our team of experts is here to guide you — and you may find that many others are suffering from similar consequences as you are. There is power in numbers, and we’re here to help you and others similarly affected seek justice.
Read more to learn about mass torts and how one may be helpful to your unique situation.
Pompano Beach Law Firm
Pompano Beach is tucked along Florida’s Atlantic coast and is made up of a diverse population and robust economy. Whether dealing with local, state, or federal laws, it’s important that the law firm you work with has deep experience with the intricacies of each. LJW is well-equipped to deal with challenges like pharmaceutical litigation, environmental pollution lawsuits, and consumer product defects, to name a few. Each claim brought forth, whether in Pompano Beach or beyond, requires an attorney and legal team that is prepared to deal with the many different elements of the claim, whether that is scientific, economic, or technical aspects that all inform a successful case.
LJW Law stands out in the Pompano Beach legal community because of our commitment to pushing the boundaries and demanding that our clients get the justice they deserve, no matter how complex the circumstances or how large the entity we are taking on.
Qualities of a Mass Tort Lawyer
The right lawyer is key for the success of mass tort litigation, so it’s important that people seeking justice work with the right professional who understands these complex cases and can keep them moving forward. There is a unique skill set that a mass tort lawyer must possess, given how complex these cases are in terms of the large number of people affected, the significant financial stakes, the defendant’s vested interest in not losing, and much more. Having a deep understanding of the laws specific to the case, as well as how to build a great strategy, are both essential. Here are a few of the many different qualities that define a great mass tort lawyer, like one you will find at LJW Law.
Experience
A mass tort lawyer needs to have a lot of experience, including with the legal process starting with pre-trial procedures all the way through to settlement negotiations. They will also need to have experience working with a large group of plaintiffs and understand the demanding work of meeting all of their needs. In multi-district litigation, they will need to coordinate with other legal teams throughout the entire process, an added complexity that can lead an inexperienced attorney to major oversights. They will need to know how to gather evidence effectively and lead a strong discovery process and should have finely-honed skills for building compelling arguments that both resonate with the judge and jury and are easily illustrated with evidence.
Track Record
15 years of experience only tells a part of the story. What’s their track record? A history of success in your specific area is arguably the best way to decide whether or not a lawyer is cut out for the work. Success in previous cases, whether through a settlement or trial, shows that the lawyer is able to achieve the results their clients need. Mass torts end with financial compensation, but they often also lead to regulatory policy changes and corporate behavior. When you are exploring potential mass tort lawyers to work with, look for specific case examples, settlement amounts they’ve won, and things like awards or recognition that they have received for their work in mass tort litigation. Don’t be shy to ask about these specific things during your initial consultation.
Specialization in Relevant Areas
There are so many different issues that can lead to a mass tort claim, so it’s important that the lawyer you work with specializes in the relevant legal area. If you are dealing with something related to pharmaceuticals, for example, you will want to be partnered with an attorney who has deep knowledge of pharmaceuticals — including regulation, chemistry, pharmacology, and medical issues so they can pinpoint violations and help a judge and jury understand the issue. This is the case no matter the practice area you need support in. Find a lawyer who specializes in the exact issue you are dealing with for the best chances of a positive outcome that leads to both financial gain as well as changes within the company.
Interpersonal Skills
To tie it all together, a successful mass tort lawyer needs to have great interpersonal skills and a practice rooted in empathy. They will need to work with clients who have suffered significant traumas or injuries and understand and communicate their suffering to a judge and jury. Interpersonal skills include communication, listening, and providing reassurance to clients while they navigate the high-stress world of mass torts together.
Finding a Mass Tort Lawyer
If you are in a situation that you believe may be best handled through a mass tort, finding the right lawyer to take your case is absolutely essential — and can be challenging. There are a lot of attorneys out there looking for your business, but only a select few have what it takes to bring your case all the way to the end. Here are a few steps to consider when you are looking for a mass tort attorney to take your case:
Research Qualified Attorneys
Look for attorneys who have a proven track record in the general area your issue is in. Whether your issue stems from pharmaceuticals, environmental issues, product defects, or something else, search for attorneys who have experience — and success — in that area by reviewing legal directories, state bar associations, and searching for landmark cases in your state.
Review Experience and Track Record
When you find attorneys who work in a related field, explore their past cases, especially those that are similar to yours. The most successful verdicts and settlements — specifically in mass tort cases — will be a good indicator that you should reach out to them.
Look At the Entire Law Firm
You will be represented by an attorney, but there is an entire law firm supporting their work. Make sure that the firm is positively reviewed as well as the individual attorney. Make sure that they have the resources necessary, including a bench of expert witnesses and investigators who will be able to take on a massive case that will require extensive research, interviewing, and more.
Schedule Consultations
Most mass tort law firms will typically offer free consultations where you can speak with the lawyer and discuss the specifics of your case. You can ask questions about your situation, gauge their understanding of your case, talk about past experience, learn about their fee structure, and get a feel for what their strategy may be. Another important aspect of a free consultation is listening to your gut: if you feel like you aren’t clicking with the attorney, it probably won’t get any better once the pressure starts to ramp up — make sure that you are comfortable with them, and if there are any issues you encounter, think long and hard about whether or not you will be able to overlook them once you get deep into the work.
Consider Fee Structures
Many attorneys work on a contingency fee basis, which means that they get paid a predetermined percentage of your winnings — and you will only pay if they win. It’s important that you go through all of the different agreements on what percentage is paid under which circumstances, such as possible differences between the percentage paid following a settlement versus a verdict, and other stipulations. Also make sure you discuss other costs like legal fees and anything else that may come up.
Understanding Mass Tort Claims
A mass tort claim is an important tool in the legal system that allows groups of victims to seek justice from corporations or other entities that have caused signifiant harm. An individual will have a hard time mounting a legal battle against a multinational corporation with an army of in-house lawyers, but when victims come together to fight for what they are rightfully owed after suffering, there is a better chance of this collective action leading to meaningful results. There are a few key issues you will want to think about when trying to understand what mass tort claims are and how they work.
What Is a Mass Tort Claim?
First and foremost, you will need to understand what a mass tort claim is. Simply put, it’s a legal action carried out by a group of plaintiffs, as opposed to individuals who commonly file lawsuits. The injuries each victim has suffered typically arises from a single issue, such as a source of pollution that leads to high rates of cancer in a community, or a defective product that caused injury to many people individually.
Characteristics of Mass Tort Claims
As you can guess from the section above, the defining characteristic of a mass tort claim is the fact that there are a number of individuals who have grouped together to file a single lawsuit. These individuals don’t need to all be in the same location, but, again, often have suffered a consistent injury. The common cause may be a defective product, exposure to a dangerous chemical, injuries from a dangerous prescription drug, or countless other problems they may encounter.
Even though the plaintiffs have all formed a large group, they are actually each seeking individual damages — meaning that the pie won’t necessarily be divided equally. Just like any injury lawsuit, the damages awarded will reflect each individual’s injuries and losses.
Since there are a number of plaintiffs, typically fighting against a large team of lawyers representing a large corporation or wealthy entity, these cases are complicated and require an experienced attorney who is able to take part in this type of action.
Reasons to File a Mass Tort Claim
One of the most important reasons to consider a mass tort claim is the shared legal resources that will increase your firepower when trying to take on a large corporation. If you have been injured in a situation that has impacted many others, each of you can join together with your individual representative attorneys and mount a much larger battle than if one of you attempted to take the case on alone.
You may also benefit from a streamlined pre-trial process because courts might allow for consolidation since there are many different cases that are joining together for a single action.
Finally, a major benefit of a mass tort claim, compared to a class action lawsuit, is that you will have an opportunity for individualized damages instead of dividing total damages evenly across all plaintiffs.
Frequently Asked Questions
Here are just a few of the many different questions LJW encounters when discussing mass tort claims with potential clients, as well as clients we are working with through the process. Whether or not your question is below, please reach out to us for a free consultation so we can talk about the specifics of your case and give you actionable advice on the next steps to take. No two cases are like, so your consultation will be the best opportunity to get detailed, specific answers to your important questions.
How long does it take to settle a mass tort case?
Unfortunately there is no easy way to answer this question, because each mass tort case is unique. Some may be resolved in a matter of months, while others may take a decade or more. It all depends on how complex the case is, how many plaintiffs are involved, the nature of the damages, and more.
There are plenty of instances where a corporation recognizes that there is no good path forward, and will offer a settlement to avoid damaging information from going public. In other cases, the corporation or entity may be unwilling to cooperate and plan to fight as aggressively as possible.
What is the difference between tort and mass tort?
The main difference between a tort and a mass tort is the number of plaintiffs. A tort is a civil harm that someone suffers that allows them to seek legal remedies. A mass tort is the same legal action, but involves a number of plaintiffs who have all suffered similar harm. A mass tort groups these individuals into a single case, allowing for shared evidence, discovery information, etc., while also allowing the individuals to seek specific damages based on the nature of their injuries.
What are the major kinds of mass torts?
There are many different areas that could warrant a mass tort, but a few of the most common are:
Pharmaceutical Torts
Whether the harm is caused by a drug or a medical device, pharmaceutical torts are quite common.
Environmental Torts
These types of legal claims often stem from large environmtenal disasters or pollution issues that impact a large number of people.
Product Liability Torts
These come from issues with defective or damaged products that cause widespread harm to many individuals.
Toxic Exposure Torts
These arise from instances where a large number of people are exposed to toxic substances like asbestos or chemicals.
How does a mass tort differ from a class action lawsuit?
Mass torts and class action lawsuits both involves a large number of plaintiffs, but there are many important differences between the two. Primarily, the difference is that a class action lawsuit is a case filed by a handful of representatives that represent a large group of people who each receive equal payments, where in a mass tort each individual’s case is treated separately and leads to different damages.
Mass torts streamline the legal process through discovery and the pre-trial process because if each individual had to go through this process with the same defendant, it would take years to move beyond that step.
What are the benefits of joining a mass tort lawsuit?
There are several benefits to joining a mass tort lawsuit if your situation is applicable, including:
- Shared legal expenses
- Increased strength in numbers
- Individualized damages and awards
- Efficient legal proceedings
Joined together with many other victims, you increase your chance of fighting back hard enough to overcome enormous legal resistance from a corporation or massive entity. You will not need to give up your right to individual damages, as in a class action suit, but you can benefit from several efficiencies and improvements to the process as a whole.
If you’re uncertain about having a case, contact us for a free evaluation. We’ll be with you every step of the way, guiding you through the legal process.