When the harm from a product or an injury event is widespread, it’s easy to overlook the suffering of each individual victim. But before you allow yourself to be treated as a statistic, you should seek the counsel of a knowledgeable lawyer who cares about each and every client. At Marcari, Russotto, Spencer & Balaban, our attorneys have more than 200 years of combined legal experience, and we are determined to give each client the personal attention they deserve. We understand that a mass tort may have affected you in a unique way, so we pursue a resolution that suits your circumstances and needs. No matter how complex the claim is or how tough the opponent might seem, we are determined to see that you are compensated fully for your personal losses.
“Tort” is a legal term for a wrongful injury, where a victim is legally justified in seeking compensation from a defendant who caused the injury, usually through a careless act or omission. But when the defendant’s same act or omission causes harm to a wide number of victims, the case becomes a mass tort. Mass tort litigation is often the best way to resolve groups of claims involving:
Generally, large corporations are defendants in mass tort cases. To assert your rights effectively, you need skilled representation from a law firm with the resources to take on a powerful defendant.
A tort is a wrongful injury that a defendant inflicts on a plaintiff. Once liability is established, the first person must compensate the second for the damage that was done. In mass tort cases, one harmful act, practice or omission has caused injury to numerous victims. This gives rise to a legal situation where we have:
The question then becomes this one: what is the best way to ensure the victims can have their day in court and seek redress for their injuries? Requiring each defendant to present their argument individually can be impractical for a number of reasons:
Class action cases address these concerns properly in some situations. When injured parties have suffered similar injuries, the court will certify a class, consolidating individual cases into a single action. In this way tens, hundreds, even thousands of plaintiffs can sue at once and share in the damage award. This is good for the plaintiffs, because it gives them strength in numbers against a powerful defendant.
On the other hand, if the victims of a mass tort have been affected differently, a single case might not address the unique aspects of their losses. Such a case cannot be certified as a class action, so each victim must present a separate claim. The advantage here is that each plaintiff can demonstrate the specific harm they have suffered while collaborating with other victims to address the common case issues.
Marcari, Russotto, Spencer & Balaban handles a full range of mass tort matters, including cases relating to toxic exposure, dangerous drugs and defective products. Call us today at (877) 428-1122 or contact us online to schedule a free consultation. For your convenience, we have offices throughout North Carolina, South Carolina, Virginia, West Virginia and Florida.
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