TMP Master Class - Personal Injury Litigation
While multiple parties are involved, cases in a mass tort remain separate. Each individual case is part of one legal action filed with a centralized federal court, called multidistrict litigation. Resources and information are often shared to help injured parties achieve the best results.
Class action lawsuits also typically involve many victims who have suffered similar injuries. But this type of legal action involves just one lawsuit that is filed on behalf of the entire group. Once a verdict is reached, the awarded compensation is split among the group’s members.
Our experienced team of mass tort attorneys has handled a wide variety of cases, including the following:
Dangerous Products
Dangerous/defective products are some of the most common types of mass tort claims. When manufacturers fail to provide safe products, they must be held accountable. Product liability claims often involve manufacturing defects, design defects, or inadequate usage instructions or safety warnings. If resulting injuries occur on a large scale, a mass tort lawsuit may be filed to ensure victims recover the compensation they deserve.
Exposure To Toxic Substances
Mass toxic torts are one specific type that involves injury or illness caused by harmful exposure to chemicals or toxins. Whether contact occurred on the job, at home, or somewhere in between, if a dangerous product led to exposure, you may be eligible to file a mass toxic tort.
Man-Made Disasters
Some catastrophes are man made, like house fires or chemical plant exposures, and may cause hundreds of injuries. While each injury is different, the same party is responsible. That makes the disaster victims eligible for a mass tort lawsuit.
Natural Disasters
Similar to large-scale catastrophes, this type of mass tort claim involves natural disasters such as hurricanes or tornadoes that cause significant damages and injuries. These claims can be complex, since no entity is directly responsible for the disaster. However, insurance companies who fail to pay out claims following natural disasters can be held accountable through a mass tort lawsuit.
Defective Drugs & Medical Devices
These product liability claims are common, with medications or devices causing harmful side effects. Manufacturer errors or insufficient warnings may be to blame, but proving liability is often tricky. That’s where our national mass tort law firm comes into play, with our trial lawyers equipped to handle every aspect of your case – from your consultation to the courtroom.
While mistakenly used interchangeably on occasion, the terms “mass tort” and “class action” refer to different legal actions. Both involve multiple injured parties, with class action lawsuits grouping them together as a single entity. Mass tort lawsuits, on the other hand, keep each lawsuit separate. But due to the number of cases against one defendant, it is impractical to file each individually. Instead, a mass tort lawsuit is filed, with plaintiffs often sharing resources and information. Another key distinction to note is that the plaintiffs’ injuries in a mass tort lawsuit are not similar enough to qualify for a class action.
Keep in mind that there is a limited amount of time to file a class action suit, varying from one state to the next. Find your state in the list below to find out the statute of limitations for personal injury claims.
California: 2 Years
California Code of Civil Procedure Section 335.1
Georgia: 2 Years
Official Code of Georgia Annotated Section 9-3-33
Nevada: 2 Years
Nevada Revised Statutes Section 11.190(4)(e)
Tennessee: 1 Year
Tennessee Code Annotated Section 28-3-104(a)(1)(A)
Texas: 2 Years
Texas Civil Practice and Remedies Code Section 16.003
The statute of limitations also depends on the type of case, so be sure to contact Turnbull, Moak & Pendergrass, PC to ensure you do not miss the deadline. Our experienced legal team is here to help!
Our national mass tort law firm has extensive experience handling cases like yours. We are proud to serve injury victims nationwide, offering the following:
As National Personal Injury Lawyers, we have successfully won settlements and verdicts in courts throughout the U.S. in states such as California, Nevada, Montana, Arizona, Texas, Oklahoma, Minnesota, Illinois, Arkansas, Louisiana, Mississippi, Alabama, Georgia, Florida, South Carolina, Tennessee, Kentucky, Ohio, Pennsylvania, Virginia, Michigan, and counting. Licensed to practice in multiple states, our personal injury law firm is always ready to go to trial.
Contact a mass tort attorney as soon as possible. Here at Turnbull, Moak & Pendergrass, our team can help assess you claim, starting with your free initial consultation.
If you have been injured, it’s important to hold the at-fault party accountable. A successful lawsuit not only results in much-needed compensation for losses, but protects others from the liable party’s negligence or misconduct.
If you suspect that your injury may qualify for a mass tort lawsuit, contact an attorney with experience handling cases like yours. Here at Turnbull, Moak & Pendergrass, we offer free consultations – so you have nothing to lose!
Like many legal matters, there is no specific timeline for mass tort lawsuits. The time it takes to resolve your case may depend on several factors, like the complexity of the investigation, length of negotiations, and more.
You may be eligible for two types of damages: compensatory and punitive. Compensatory damages provide financial compensation for losses, such as medical bills and lost wages. Punitive damages are intended to punish the defendant and deter others from acting similarly.
To best position your case for success, keep the following in mind:
A medication may be deemed “dangerous” for any of these common reasons:
The medical device’s manufacturer owes patients a duty to provide safe, effective products. Failure to fulfill this obligation may result in serious injuries or death, so it is crucial to hold device companies accountable for their actions. If you believe you have a claim, contact Turnbull, Moak & Pendergrass today.
Mass tort litigation requires the careful collection of evidence, including a high volume of medical records, charts, etc. Organization is key, especially with many patients’ records involved.
It is difficult to determine whether you have a valid claim without first learning more about your circumstances. Because complications can range in type and severity, it is best to contact an experienced mass tort attorney to determine eligibility.
Generic drugs must have the same active ingredient, strength, dosage form, and route of administration as the original brand-name drug, as mandated by the United States Food and Drug Administration (FDA). All manufacturing, packaging, and testing sites must also pass the same quality standards.
That said, the Supreme Court has established that generic drug manufacturers are not liable for any negative side effects that result – but the original drug’s manufacturer is. (See PLIVA, Inc. v. Mensing, 564 U.S. 604 and Mutual Pharmaceutical Co. v. Bartlett, 570 U.S. 2468.)
These dangerous drugs have resulted in mass tort cases in recent years:
An unintentional tort occurs when an accident leads to financial loss, injury, or property damage. In these instances, the harm suffered was unintended and typically happened because the liable party was not being careful.
It’s crucial to hire an experienced mass tort attorney who has a solid understanding of the subject matter at hand. Mass torts are typically more complicated than personal injury claims, requiring more time, resources, and knowledge. That’s why you must check reviews, education, and experience to be sure your attorney checks every box. It’s also important that you feel comfortable communicating openly with your mass tort attorney. Schedule your free consultation at Turnbull, Moak & Pendergrass today to ensure our team is a great fit! View Our Results
