What is a Mass Tort?
A tort is a civil wrong recognized by law as grounds for a lawsuit. Wrongs resulting in an injury or harm constitute the basis for a claim by the injured person. While some torts are criminal in nature and can result in punishment, the first aim of tort law is to provide relief of the injury or harm done the injured party, and to deter others from committing the same wrongful acts. An injured person may sue for monetary damages or even an injunction to prevent the continuation of the wrongful conduct.
Generally speaking, a "mass tort" is a multi-party claim recognized by law as grounds for a lawsuit on behalf of a group of injured persons. A mass tort is a tort that is applicable when a large amount of people have all suffered the same kind or kinds of damages as a result of a tort, such as a mass accident like an airplane crash, or a personal injury lawsuit based on a product defect that caused the same injury in many people, such as a defective breast implant or a chemical found in a neighborhood's water system. Mass tort cases can also involve widespread property damages or other economic losses, such as insurance or stock fraud, or employment discrimination.
What is a Class Action?
A class action is a representative action in which one or more injured people pursue a case for recovery of personal injury damages on behalf of themselves and a "class" of other plaintiffs. The claims of the class representatives must come about from facts of law that are common to all of the members of the class.
Most class actions are filed in order to recover monetary compensation for the damages suffered by injured people. Class actions may also be filed in order to seek what is known as "injunctive relief." Injunctive relief would provide relief to the general public from tort actions of responsible parties, such as a company that engages in unlawful employment practices like discriminatory hiring or firing, or a manufacturer that knowingly manufactures and markets a drug proven to be dangerous. While there is no way to provide a complete list of the kinds of injuries that can serve as the basis for class action lawsuits, the counsel of an experienced personal injury law firm can advise you of the pros and cons of making a personal injury claim to demand compensation for the harm that's been done to you.
Why Hire a Personal Injury Lawyer?
If you are seeking a personal injury lawyer you have come to the right place. We know that accidents and injuries are an inevitable part of life, but the fact that accidental mishaps are common does not resolve the pain and suffering accidents can cause. This is especially true if that injury could have been avoided. For example, some drugs are not completely tested for safety or removed from the market despite concerns about them. Some products are found to be dangerous.
If you or a loved one have suffered in an accident, from taking a dangerous drug, using a recalled product or from any other cause, you may be thinking about how to protect your legal rights by consulting with a personal injury attorney. Learning about personal injury litigation, and cases we are currently investigating, may help you determine whether you need the counsel of an experienced personal injury lawyer from a firm such as the Law Offices of James Scott Farrin.
