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Mass tort actions are a special kind of lawsuit involving multiple plaintiffs seeking recoveries from the same defendant. While there are some advantages to this type of case, there is also an added layer of complexity in the legal process.
The Florida mass tort lawyers at Denmon Pearlman are ready to assist you with your claim. They understand the ins and outs of mass tort law to help you get the maximum recovery benefit you deserve.
Mass Tort Vs Class Action Cases in Florida
These two legal terms are often confused, but they are actually very different. While they are both civil cases involving multiple plaintiffs seeking compensation from a single defendant, the actual process and results are not the same.
In a class action lawsuit, all claimants are represented as a single plaintiff against the defendant. In a successful class action lawsuit, claimants are awarded an evenly distributed settlement among all members. Essentially, a class action lawsuit is a standard one-on-one court case with a single legal representative for all claimants.
Mass tort plaintiffs are not working as a unit. While there may be some corroboration, in a mass tort lawsuit, each plaintiff is responsible for their own case and settlement. The results of a mass tort can vary from plaintiff to plaintiff, despite having gone through similar events caused by the same defendant.
The purpose of the mass tort is to save the court from having to go through the same case repeatedly. Instead, the core case is established, and each defendant can give the unique details of their specific claim.
Common Examples of Mass Tort Claims in Florida
Below are the two most common types of mass tort cases that we represent.
Defective Medical Devices
A poorly designed or manufactured medical device can cause complications for anyone who uses it. A famous example is metal hip implants which were used on over a million people worldwide before it was realized they cause a host of complications.
If you were harmed by a defective device, there is a good chance you aren’t the only one, and you may be eligible to take part in a mass tort or medical malpractice lawsuit.
Similarly, defective drugs can negatively affect anyone who takes them. Causes for concern include lab errors, unknown side effects, or misleading marketing.
If you have suffered from dangerous drugs, contact a mass torts lawyer to learn about your rights and legal options. Extreme cases may even include wrongful death.
In a mass tort, your compensation is not affected by the success or failure of other plaintiffs. You are eligible for economic and non-economic damages you have suffered due to the liable party. These commonly include:
- Medical expenses
- Lost wages
- Pain and suffering
You have the benefit of evidence compiled from multiple plaintiffs to prove the defendant’s liability, though the damages you can recover depend on what you can prove as losses.
Steps to Take if You Have a Mass Tort Claim
Ultimately, it is the court’s decision whether to approve a mass tort claim. If the process has already been initiated, it will only strengthen your claim in most instances.
If you are seeking to submit a mass tort claim, know that it will depend on the nature of the case, the type of damages, and the number of claimants involved. In either case, a mass tort attorney can be instrumental in navigating the process.
Get in Touch With a Florida Mass Torts Attorney Today
At Denmon Pearlman, our personal injury lawyers have experience with mass tort lawsuits and can help you get the best results. Knowing how the process works and leaning on the evidence of other claimants can make these open-and-shut cases.
However, the support of an experienced legal team is vital for maximizing your mass tort settlement. Remember, you aren’t guaranteed an award just because other claimants received theirs!
We have your back. Whatever you might be suffering from, accidents, injuries or medical malpractice, we have you covered throughout Florida
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