Pursuing a claim for the compensation needed to cover your physical injuries, financial losses, and emotional anguish after a personal injury can be a complicated matter. These cases can become even more intimidating when it is a major corporation or government entity that is responsible for the incident, as these groups tend to have large legal departments and can dedicate millions of dollars to fighting your case.
Fortunately, the law does allow people who suffer losses in identical ways to join their cases together to give themselves a better chance for success. Known as mass torts, these special lawsuits allow plaintiffs with similar claims against a common defendant to share resources, a single set of evidence for all their claims, and a single trial to determine their rights to compensation.
A Colorado Springs mass torts lawyer may be able to help you determine if your claim qualifies for certification as a mass tort. If so, you may be able to collect compensation for your losses simply by joining an already-established case with your attorney’s assistance.
Usually, a civil lawsuit involves an injured plaintiff bringing a claim against a defendant for their losses, based on a singular incident that affected only the plaintiff. While there are examples of cases that involve a few plaintiffs, such as car accidents with multiple people in the vehicle, for the most part plaintiffs must bring their cases on their own.
A mass tort may be feasible when a large number of plaintiffs share a similar claim against a common defendant. According to Federal Rule of Civil Procedures 23, these plaintiffs must share a common complaint against a defendant that arises out of a common incident. Examples of these types of claims may include industrial accidents that affect many citizens of a town, defective products that all failed in the same manner, or environmental concerns from pollution or contamination.
While the facts that led to the injury must remain the same, the effect on the injured plaintiffs can vary. As a result, plaintiffs in a mass tort can claim their own individual damages if the case can prove defendant liability. A Colorado Springs mass torts attorney could help to determine if an individual’s case qualifies as a mass tort.
Many cases that eventually become mass torts name large corporations or the government as defendants, since these are usually the only entities who can affect enough people simultaneously to meet the requirements of mass tort classification. However, the size of these defendants can dishearten many plaintiffs who wish to act alone. Many of these personal injury claims can be very complicated, and the defendants typically contribute massive resources to contesting these allegations both in and out of court.
Joining a mass tort can provide many benefits that can increase the chances for success. The most obvious advantage is that plaintiffs can pool their resources, meaning they can share evidence, submit one set of interrogatories, participate in single deposition sessions, and even share the expert reports from qualified witnesses. All this contributes to keeping costs down and streamlining the litigation process.
Another potential advantage is that the case reaches a resolution after a single trial or settlement negotiation process. Where independent plaintiffs would normally have to submit to the entire process many times over for each of them to receive compensation, mass tort cases can reach an outcome for each party that is tied to the fate of a single legal proceeding.
In many instances, plaintiffs in a mass tort never need to go to court if that is where the case reaches a resolution. A mass torts lawyer in Colorado Springs could provide more information about the benefits of joining mass tort cases.
Many injured people may feel intimidated by the prospect of pursuing complex legal claims against large corporation after a loss, but a mass tort can allow you to join with other people who have suffered similar injuries. However, not just any claim can qualify as a mass tort. Under federal law, a mass tort only applies when a group of people suffers injuries as a result of a singular incident that names a common defendant.
Even so, joining a mass tort can allow you to pool your resources with other plaintiffs, share evidence, and potentially collect compensation with minimal stress. Call a Colorado Springs mass torts lawyer today to explore your options.