Missoula Mass Torts Lawyer

When a company or product causes consumers widespread harm, a mass tort, or group lawsuit, might be in order. A mass tort involves the same facts and issues as a personal injury lawsuit, but it enables a group of injured plaintiffs to collectively sue a defendant and collect damages; however, each plaintiff still has his/her own suit. Contact a Missoula mass torts lawyer at Datsopoulos, MacDonald & Lind, P.C. to determine if you have a claim.

What is a mass tort and how does it differ from a class action?

A mass tort is a liability lawsuit filed on behalf of a group of people, usually in the same approximate geographical area, that were all injured by a common defendant, such as a product manufacturer. For example, if hundreds of people were injured by a defective hernia mesh product, an attorney could file a single mass tort action against the mesh manufacturer on behalf of all the injured victims.

Many people confuse mass torts with another type of group lawsuit, class actions. Mass torts and class actions are similar in that they both involve multiple plaintiffs who have suffered harm, they both pursue damages (i.e., monetary awards) from a common defendant or defendants, and they both consolidate numerous lawsuits into one action.

The major difference between the two actions is how the court handles damages.

With class actions, the court divvies up and disperses damages evenly to each of the plaintiffs, irrespective of their injuries. This is because a class action is one single lawsuit. On the other hand, with a mass tort, the court distributes damages to plaintiffs in direct proportion to their injuries. Even though the plaintiffs are part of a large party, the courts treat them as individuals and take their injuries into account when awarding damages.

Experienced Missoula Mass Tort Attorney

What types of cases are suitable for a mass tort?

Cases that involve a lot of people being harmed by a single business lend well to mass torts. Below are just a few examples of cases that might be suitable for a mass tort action:

  • Factory explosions
  • Large building fires, e.g., apartment complex
  • Defective medical devices, e.g., IVC filters and transvaginal mesh
  • Dangerous drugs, e.g., Zofran and Xarelto
  • Large-scale malpractice
  • Food poisoning
  • Tobacco-related injuries
  • Water pollution

What does a Montana mass tort lawyer have to prove to win a recovery for clients?

The elements of a mass tort are essentially the same as a personal injury suit. Namely, the plaintiff’s attorney must prove that:

  • The defendant owed the plaintiffs a duty of care
  • The defendant breached the duty by acting negligently or carelessly (or that the company manufactured a defective product in strict liability cases)
  • The defendant’s actions are what caused the plaintiffs’ injuries; and
  • The plaintiffs suffered actual, compensable harm.

If you think your injuries may qualify for a personal injury or mass tort action, contact a Missoula mass tort lawyer at Datsopoulos, MacDonald & Lind, P.C. for a free case evaluation.