Miami Mass Tort Lawyer

Miami Mass Tort Attorneys

When you sustain damages because of someone else’s negligent acts, you are entitled to see that party held liable and to seek compensation for the unnecessary harm caused to you. Speak with a skilled Miami mass tort lawyer at LMK Legal for legal counsel if you’ve been injured and are unsure whether your case qualifies for a mass tort action, class action lawsuit, or an individual personal injury claim. Our team is here to help you understand your options and fight for the compensation you deserve.

How Is a Mass Tort Case Different From a Class Action Lawsuit?

A tort is a type of personal injury claim that a person can file with civil court when they have been injured and suffered other damages because of a negligent third party, such as slip-and-fall accidents. A mass tort action means several people sustained damages or injury from a single event of civil wrongdoing; a common type of mass tort case is when there are numerous victims of the same defective product, such as a pharmaceutical drug or medical device.

A class action lawsuit is alike but instead entails the affected plaintiffs making up a larger group of victims that collectively take action against the liable party. Mass torts treat each wronged person as an individual, similar to a personal injury case, meaning that each victim has the right to refuse a settlement proposal until they feel their compensation payout is sufficient. This can be an efficient way for someone to recover damages because their injury claim is stronger.

Mass tort actions are considered valid and can take place when there are multiple individuals who incurred similar afflictions or injuries resulting from the same instance of negligence or wrongful conduct. Typically, the plaintiff’s attorney will petition for the court to grant a mass tort action. After considering the number of victims, where they are located, and the cause and similarities of their injuries, the court may choose to grant permission for a mass tort case. This can also apply in cases involving premises liability, where multiple individuals are harmed due to unsafe conditions on a property.

Types of Mass Tort Cases in Florida

Hypothetically, any event, condition, circumstance, product, etc., that inflicts similar harm to multiple injured victims may qualify for a mass tort action. Here are some examples of common mass tort cases:

• Defective medical devices/equipment. If the usual life-saving products and devices used in surgery or other medical settings have a manufacturing defect or a design flaw, the result and scope can be catastrophic. Examples include IVC vein filters, surgical mesh used for hernias and other procedures, ventilators and other respiratory care equipment, and internal prosthetic components such as hip replacements.
• Dangerous medications. Medications have the potential to cause severe damage to countless people if the pharmaceutical company fails to conduct sufficient trials for a new drug, including individuals developing an illness, having an adverse or allergic reaction, or sustaining permanent bodily damage.
• Unsafe or defective household products. Multiple individuals injured following the use of the same defective or flawed product may choose to join or begin a mass tort action. Examples include certain toxins in herbicides or other chemical products, household appliances, vehicle parts, children’s toys, food/beverages, and other consumer products.
• Hazardous conditions/toxic exposure. If several people are injured from the same negligent conditions on a single property/location, they may qualify for a mass tort. This includes cases involving exposure to hazardous substances like asbestos. Additionally, mass tort action may be warranted should a chemical spill or contaminated water supply cause numerous individuals to fall ill.

FAQs

Q: How Long Does It Take to Settle a Mass Tort Case?

A: How long a mass tort case may take to settle depends on the circumstances, such as the specific negligent misconduct, the plaintiffs’ injuries, and other factors. Since mass tort actions are typically more complicated and far-reaching compared to individual claims, it can take longer to resolve the lawsuit.

Mass tort cases require locating each plaintiff and getting them together along with interviewing witnesses, obtaining expert witnesses, and more. Some cases may take weeks or months to settle, while others last for years.

Mass tort cases are complex and time-consuming. Locating plaintiffs, gathering evidence, and building a strong case require dedicated legal expertise. Experienced Miami, Florida mass tort lawyers can navigate these challenges, maximizing your chances of recovering compensation for your injuries.

Q: What Are the Four Major Kinds of Mass Torts?

A: The four types of mass torts are defective medical devices, dangerous medications, toxic exposure, and product liability. Product liability refers to injuries caused by a flawed or defective product. Similarly, faulty medical devices/equipment are a frequent reason for mass tort action.

Dangerous drug mass torts occur after several people are injured from a medication approved for consumer use. Toxic exposure refers to injuries caused by a toxic substance, like paraquat in herbicides.

Q: What Is the Difference Between a Tort and a Lawsuit?

A: The difference between a tort claim and a lawsuit is whether the case is resolved outside of court or reaches trial, meaning litigation is necessitated. Filing a tort claim is effectively an informal notice of seeking compensation for injury, which may result in the matter being informally resolved without the court’s involvement. A lawsuit is a formal case, typically following a tort claim, if the issue can’t be mediated or requires litigation.

Q: What Mass Tort Damages Can I Recover in FL?

A: Mass tort lawsuit plaintiffs can recover economic and non-economic damages. Economic losses encompass all expenses the plaintiff incurred because of their injury and/or damages to their personal property; examples include medical bills, lost wages, ongoing medical treatment and care, and costs of repairing or replacing damaged property. Non-economic damages include the person’s physical pain, emotional suffering, permanent disfigurement or disability, and more.

Q: How Does Mass Tort Settlement Work?

A: Sometimes, it’s possible for a mass tort settlement to happen, which entails the negligent defendant offering a settlement for all harmed parties seeking compensation. Each plaintiff in a mass tort case is entitled to decide whether the offered settlement is sufficient or not for their individual damages and circumstances.

If a group settlement cannot be reached, each plaintiff must have their individual case tried or settled. Mass tort settlements do not require the plaintiffs to split the compensation award.

Consult Our Mass Tort Lawyer Team for a Free Consultation

At the Law Office of Laurence M. Krutchik, P.A., numerous clients have been able to secure compensation and recover their damages with the help of experienced, adept legal counsel and representation. Contact the LMK Legal team today for a skilled mass tort and personal injury lawyer to review your case.