Mass Tort

Many individuals turn to Gardi, Haught, Fischer & Bhosale LTD, and our team of highly experienced mass tort attorneys after sustaining an injury, only to discover that the harm they’ve endured has wider-reaching consequences. The perilous circumstances responsible for their injuries frequently impact their family members, friends, neighbors, or colleagues.

In cases where negligence has led to widespread harm, there is power in unity. Our mass torts attorneys in Schaumburg, Illinois, assist injured parties in joining forces to present the most robust case possible in the legal arena. Our law firm and qualified mass tort lawyers have earned a reputation in the Illinois legal community for their unwavering dedication to providing top-notch representation to those who have suffered injuries.

For legal assistance and to speak to one of our mass tort attorneys, please contact us at (847) 944-9400

What Is a Mass Tort?

A mass tort refers to a negligent act that causes harm to multiple people as opposed to a single individual. It is not a single lawsuit but a collective of injury cases brought by numerous plaintiffs against a single defendant for the same act.

Mass torts share similarities with class action lawsuits but differ in a few key ways. In class action lawsuits, a suit is filed on behalf of a group of “similarly situated” plaintiffs who relinquish their rights to individual lawsuits when joining the class. In contrast, mass torts combine multiple similar cases into a single trial, with each case treated individually. The advantage of mass tort lawsuits lies in the ability of plaintiffs to save time and money by pooling legal resources.

Mass tort litigation becomes necessary when a class cannot be certified for a class action lawsuit, often involving multidistrict litigation since plaintiffs may not all reside in the same location.

Types of Mass Tort Cases

Mass tort claims can arise against a liable party for various reasons, typically falling into these categories:

Toxic Torts:These involve injuries and fatalities resulting from exposure to toxic substances like asbestos, pesticides, diesel fuels, or other pollutants. Such exposures can occur in residential areas or workplaces.

Disaster Torts:These encompass injuries and deaths arising from large-scale events such as bridge collapses, aviation accidents, chemical spills, and train accidents. Corporations, businesses, or government entities are often held responsible in these cases.

Dangerous or Defective Products: These cases involve injuries and fatalities caused by dangerous or defective products, such as unsafe pharmaceuticals, faulty medical devices, or automobile defects. Designers, manufacturers, distributors, or marketing teams may be held accountable for product defects resulting in injuries.

Statute of Limitations for Mass Tort or Class Action Lawsuits

The statute of limitations dictates the timeline for victims to file a claim or lawsuit against a liable party. In Illinois, victims have a two-year window to file a personal injury lawsuit. Mass torts fall under personal injury lawsuits and adhere to the same two-year deadline.

The statute of limitations for an injury claim starts on the accident date or when the victim’s injuries were discovered or reasonably discoverable. In certain cases, tolling, which is the postponement or pause of the statute of limitations, may apply. Tolling is particularly relevant to mass tort injury claims, including toxic exposure cases, where injuries may not become evident for an extended period. It may also apply to mass torts involving minors or incapacitated victims.

A Schaumburg mass tort attorney with Gardi, Haught, Fischer & Bhosale LTD can assist in determining whether tolling applies to your injury case.

Compensation in Mass Tort Lawsuits

Mass tort claims are managed as a group of individual injury lawsuits. Consequently, the damages in a mass tort claim mirror those provided to plaintiffs in personal injury claims. The precise value of a mass tort case hinges on the extent of injuries suffered by the individual plaintiff.

Damages in a mass tort claim generally fall into three categories:

Economic Damages in Mass Tort Cases:These are quantifiable and associated with the direct financial costs of an injury. Economic damages encompass medical bills, prescription medication expenses, long-term care, and lost wages.

Non-Economic Damages in Mass Tort Cases:Non-economic damages are less straightforward to quantify as they lack direct ties to financial costs. These damages are often calculated as a percentage of the economic damages allocated to a plaintiff. Non-economic damages encompass emotional injuries, PTSD, pain and suffering, loss of consortium, and loss of enjoyment of life.

Punitive Damages in Mass Tort Cases:Punitive damages are seldom awarded in injury claims. However, when a defendant’s actions exhibit significant negligence or intent, punitive damages may be imposed to deter future similar acts.

Contact one of our highly experienced mass tort lawyers at (847) 944-9400 for comprehensive legal guidance and assistance in mass tort cases.

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