Pedestrian injured by car can’t opt for a mass tort settlement

What types of cases qualify for mass tort settlement?

Usually, a mass tort lawsuit entitles you to compensation if you are one of the many whose injuries are similar. This injury or loss must also have a common causal factor behind it and a single defendant or a group of dependents standing liable.

The defendant or defendants, most of the time, are one large company or several corporations, businesses or pharmaceutical giants whose product or products have led many people towards disastrous consequences that affected them physically, financially, emotionally and socially. All of them who faced one or more of these negative impacts can claim for compensation through a mass tort. But, to be eligible for a mass tort settlement, you should be a part of a group with whom you’ve shared the same fate. If you are the only one who has faced an unpleasant outcome using a product, you should file a personal injury claim. The same goes for a pedestrian injured by car accident.

You’ll qualify for a mass tort settlement only if the product manufacturer has concealed vital information about the product. And hiding that info has kept you in darkness about its detrimental effects. Simply speaking, a mass tort settlement is possible only when a manufacturer has deliberately avoided putting up a statutory warning. And that deliberate act has somehow brought you physical, psychological or financial damage.

Mass Tort Lawsuits: What Cases Qualify for one?

There are no cut-and-dry rules apart from what we mentioned above. But lawyers look at situations involving multiple plaintiffs against a liable party whose conduct caused them great pain or loss. The number of plaintiffs may vary from 10 to 10,000 or more who became victims because of the defendant's negligence.

Who pays through mass tort settlement?

The key unifying factor in mass torts is a single defendant or group of defendants responsible for widespread injuries, deaths, or economic damages affecting a large population. This factor makes consolidation into mass tort litigation an effective legal strategy. These claims utilize a well-structured settlement system. It facilitates compensating all deserving victims fast and without any complication. Large corporate defendants including the Big Pharmas and consumer durables are first on the list. 

What kind of products might come under a Mass tort settlement?

Medical Devices top the list. These include medical implants, surgical meshes, prosthetics, pacemakers and IUD, stretching to DIY therapy instruments.

Next comes the pharmaceutical drugs that have caused harmful side effects to most or all of their users on a widespread basis. The manufacturer (defendant) has to prove that sufficient warning was provided about the damaging effects of the drug if they want to win the case.

Man-made environmental disasters often affect large populations. The reasons behind are pollution, water and soil contamination (due to toxic waste or oil spillage).

Defective products that made multiple consumer sustain more or less the same kind of injuries. Any consumer durable can come under this category. Examples include vehicles, household appliances and even children’s toys.

Pharmas using dangerous chemicals, food additives or radiation without bringing them in public knowledge enables you to start a mass tort settlement process.

A mass tort litigation can be started against physicians, hospital systems, or specific treatment providers when their services inflict damage to a large groups of patients. This kind of mass tort settlement shall come under medical malpractice.

Large-scale cybersecurity issues, privacy violations, and data breaches also qualify for mass tort settlements. Exposing personal data that might lead to drastic consequences for the affected people is a crime nonetheless.

Consumer frauds instigated by unethical business practices come under mass torts. These are practices that deceive, mislead and financially ruin many people, and are hence considered to be crimes. 

How fast would a mass tort settlement process give results?

Mass tort claims can take a long time to resolve. Don't expect to receive a claim through a mass tort litigation within a few days. However, a mass tort claim is just one option to secure a compensation. If you don't find others to join, see if a personal injury claim serves you better.

It's always a wise idea to seek advice from attorneys to review the situation you are currently into. Only they and your current medical service provider can get you the lowdown and the guidance about how to move forward with a mass tort settlement. If you qualify, you'll be compensated for all your healthcare expenses, your lost wages, and for all that pain and suffering.