What Damages Are Available in Mass Torts Cases?
Many individuals confuse mass torts with class action lawsuits, which can lead to confusion about the types of damages that can be pursued in mass tort cases. Understanding how these two legal processes differ makes it easier to clarify which damages are available in a mass tort case.
What is a Mass Tort Case?
A tort is conduct that causes someone harm or injury, whereas a mass tort is conduct that injures or harms numerous individuals. Examples include defective medical devices, dangerous drugs, and environmental hazards. In these cases, it’s not uncommon for thousands of people to file lawsuits against the same defendants seeking damages. Typically, these cases are combined into multidistrict litigation.
Class action lawsuits are similar to mass torts in several ways, including:
- Numerous people were injured or harmed because of the same product or situation.
- One or more individuals filed a lawsuit against the parties responsible for their injuries.
- The lawsuit is filed on behalf of a larger group of people (i.e., the class) injured by the same conduct.
In class action lawsuits and mass torts, it is more efficient for the court and the parties to litigate the cases together during the initial phases. However, the difference between a class action and a mass tort is what happens when the cases are ready for settlement or trial.
In a class action lawsuit, any agreed settlement or verdict is binding on all parties in the class. All parties to a class action lawsuit share the damages awarded in the case.
However, a mass tort does not combine everyone’s actions into one action. Every person or group of people must file their own lawsuit. The lawsuits are then combined in the mass tort until settlement or trial.
The cases are tried based on each case’s individual facts and circumstances. Consequently, some plaintiffs may receive more money than others. Others may lose their case and receive nothing. Each party in a mass tort has their day in court or an opportunity to settle their case in a way they believe is best for them.
What Damages Can I Receive for a Mass Torts Claim?
Mass tort claimants can receive compensatory damages. In some cases, they may receive punitive damages. Compensatory damages include economic and non-economic damages such as:
- Present and future medical expenses and bills
- The cost of long-term personal and/or nursing care
- Pain and suffering damages
- Impairments and disabilities
- Lost wages, benefits, and income
- Therapy and rehabilitation
- Scarring and disfigurement
- Mental anguish and emotional distress
- Diminished earning capacity
- Out-of-pocket expenses
- Loss of quality of life and enjoyment of life
Punitive damages are only awarded in rare circumstances. These damages “punish” the defendant for egregious behavior and gross negligence and deter them and others from repeating the behavior in the future.
How Much Is My Mass Tort Case Worth?
The compensation you receive for a mass tort case depends on the facts and circumstances of your case. Factors that impact how much you may receive include:
The Type and Severity of Your Injuries
Generally, the value of damages increases as the severity of your injuries increases. For example, catastrophic injuries often result in substantial damages. The medical and rehabilitation costs for catastrophic injuries are substantial. The recovery period could be lengthy, resulting in significant lost wages.
The Parties Involved in the Case
Some parties have deeper pockets to pay large settlements, while others may fight claims more vigorously instead of settling early on in the process.
The Strength of the Evidence
Victims have the burden of proving their case, which involves proving causation, fault, and liability. When you have strong evidence proving your claim, the defendant may be willing to pay a higher settlement amount rather than risk going to trial. If you go to trial, you will need to persuade the jury that the defendant caused your injuries.
Get Help With a Mass Tort Case
The personal injury attorney you hire can also make a difference in the outcome of a mass tort case. Mass torts are complex personal injury cases with different rules.
If you believe you were injured because of negligence or wrongdoing, contact a mass tort attorney to learn if you have a claim for damages.