What Are the Criteria for Joining a Mass Tort Litigation?

Are you eligible to join a mass tort litigation? It can be confusing to understand how these work, whether you’re eligible, or whether it’s a good idea to join at all. Talk to a mass tort attorney in Austin, TX for more specific help, and keep reading to learn more about these claims and the general criteria for joining.

From a Mass Tort Attorney in Austin, TX: Mass Torts and Criteria for Joining

A “mass tort” is a claim with many plaintiffs coming together but filing individual lawsuits. In a class action lawsuit, all the plaintiffs are represented as one collective group, but in a mass tort situation, each plaintiff still has their own representation and their own case. In a class action suit, plaintiffs or groups of plaintiffs will receive the same compensation. In a mass tort, each plaintiff may receive something totally different based on the unique circumstances of their claim.

An Example

Think about a product that was made improperly and caused injuries to several consumers before the flaw was discovered. Some of those injuries may have been quite minor while others may have been extremely serious. A class action lawsuit may not be appropriate here because someone with a cut finger would receive the same compensation as someone who lost an eye. A mass tort claim allows for the individuals to be compensated according to their actual injuries.

Are You Eligible?

Are You Affected by the Same Product or Action as Everyone Else?

The first question is the simplest: have you been affected by the same issue as the other people bringing a claim?

Have You Suffered Similar Harm?

Once you’ve established question one, you must next be able to show that you have suffered harm because of the actions or product in question and that your harm is at least somewhat similar to what the other defendants have suffered.

Take the example of a defective product once again. If the other defendants all had physical injuries because of a malfunction of the product, you would need to show that you also had suffered an injury. If the product simply stopped working for you, you might still be able to bring your own claim for a defective product, but not as a mass tort along with those who suffered injuries.

Can You Prove Causation?

Finally, you must be able to actually prove the link between the action of the defendant or the product provided by the defendant and your losses. You first have to show precisely what your losses are, which you will typically do through medical records and witness testimony, but then you also have to prove that those losses are directly related to the actions or product of the defendant.

Talk With a Lawyer Right Away

Only a lawyer with experience in these claims will be able to give you sound advice about whether you’re eligible to join a mass tort action. Talk to us today at the Artie Pennington Law Offices in Austin and Kyle, TX for a free 15-minute consultation on your case.

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