A mass tort refers to a claim where the same defendant has injured numerous individuals. The defendant in a mass tort could be a product manufacturer, a pharmaceutical company, an individual, or other entity whose actions have resulted in the harming of multiple people.
If you have been injured in collective mistreatment such as this, it could be prudent to consult with a Florida mass torts lawyer about your legal options. A qualified injury attorney can explain your legal rights and assess the eligibility of your potential claim for a mass tort action.
The Difference Between Mass Tort and Class Action Cases in Florida
Mass tort claims are often confused with class-action lawsuits, but the two are very different. A tort is an unlawful or negligent act that causes someone to sustain injury or death. In a traditional tort claim, a plaintiff files a lawsuit against the person or entity who caused their injuries in pursuit of compensatory damages.
A mass tort claim can involve multiple plaintiffs with separate claims filing suit as a group against the same at-fault individual or entity. The court awards damages based on the specific losses sustained by each plaintiff taking legal action.
This is the crucial difference between a mass tort claim and a class action lawsuit. In a class-action lawsuit, although multiple plaintiffs are taking legal action against the same defendant, the court only grants a single award of damages. So, even if some plaintiffs suffered worse injuries than others, the court will still distribute money equally between each individual.
Successful mass tort claims allow multiple individuals to seek compensation for harm caused by the same defendant while enabling them to recover compensation appropriate to their specific damages. Also, the timeline from filing the claim to when the court hears the case is often much faster than it would be for a single tort claim.
Accepting the Mass Tort Claim
Before injured individuals in Florida can collectively initiate mass tort proceedings, the court has to approve the action. The court will consider a few factors before accepting a mass tort claim, including the proximity of the claimants to each other, the damages sustained, and how many individuals are joining the mass litigation. It is crucial to work with a seasoned Florida legal advisor who has handled these cases before and can assess the feasibility of proceeding with a mass tort lawsuit.
Common Examples of Mass Tort Claims in Florida
There is a wide range of damaging actions that could give rise to multiple plaintiffs banding together in a mass torts lawsuit. These lawsuits often arise when multiple people suffer injuries due to toxic chemical exposure, defective products, or dangerous medications. If someone believes they could be eligible to join a mass torts action, they should consult with a Florida legal representative for further guidance.
Compensation for economic as well as non-economic damages could be available in a successful Florida mass torts lawsuit. Economic damages include things like hospital bills, rehabilitation, therapy costs, and wage loss. Non-economic damages, on the other hand, refer to losses such as future income loss due to the injuries sustained, pain and suffering, and mental trauma.
Contact a Florida Mass Torts Attorney to Support Your Cause
A Florida mass torts lawyer can review your damages and counsel you as to the best course of action if you believe you may qualify for a mass tort. To discuss your injuries with a qualified attorney, call today to schedule your case consultation.
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