Mass Torts


Practice Area

What is a Mass Tort?

A mass tort is any wrongful act that injures a person or a group of people. While some torts are accidental, some are caused intentionally by a company, corporation, or manufacturer. If you have been injured because of a tort, you can file a civil lawsuit to seek compensation for damages. These damages can include: 

  • Intentional Torts: A company, corporation, or manufacturer has intentionally caused personal or financial injury to the consumer. 
  • Negligent Torts: A company, corporation, or manufacturer has violated rules or guidelines that resulted in personal or financial harm to the consumer. 
  • Strict Liability Torts: Typically applies to product liability and can be considered a tort when a defective product caused injury even when the manufacturer or store deemed it safe to sell.  
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What Would Be Considered An Example of A Mass Tort?

An individual tort can result in personal injury, financial loss, or other harm. A mass tort involves a group of people filing a lawsuit against a company, corporation, or manufacturer for physical or financial damage. For example, a commercial plane crash, toxic waste disposal, and pollution originating from industrial factories may all be classified as mass torts since they typically affect a large group of people.

What Happens If I Am A Victim Of A Mass Tort?

If you’ve suffered physical or financial harm because of a corporation's wrongful or negligent actions, you might be able to join a mass tort lawsuit. If you qualify to participate in a mass tort lawsuit, you can seek compensation for: 

  • Medical Expenses
  • Pain and Suffering
  • Lost Wages
  • Other Physical or Financial Damages

Should I Hire a Mass Torts Lawyer?

If you’ve been injured due to a defective product or medical device, you might benefit from filing a mass tort lawsuit against the company, corporation, or manufacturer responsible.

At Mizrahi Kroub, we’ve represented hundreds of clients that have sustained injuries from harmful products or medical devices manufactured and marketed by some of the largest multinational corporations. We’ll counsel you on how to take the proper steps to receive compensation and justice for your injuries.


Are Mass Torts the Same as Class Action Lawsuits?

Although mass torts and class action lawsuits are similar, the concepts differ. A class action is a lawsuit brought by several people or business entities who have sustained injuries or damages because of the defendant's conduct. Class actions can be brought in a federal or state court.

On the other hand, mass torts lawsuits involve multiple plaintiffs against a defendant or several defendants. A mass tort is an intentional or single action that causes multiple people to sustain injuries. Mass tort actions differ from class action lawsuits since each case is reviewed individually.

The main difference between a mass tort and a same-class action lawsuit is how the plaintiffs are treated. In a class action lawsuit, all plaintiffs are given a common judgment. In mass tort litigation, each plaintiff's case is determined differently. Each plaintiff has a separate trial.

The plaintiffs can comprise individuals from the same geographic area. In these litigations, the preparation and investigations used in one case can apply in another, which significantly increases the speed of the proceedings.

What's the Average Time Taken to Resolve a Mass Tort Lawsuit?

There is no set time for a mass tort claim to be resolved. Some claims can be resolved faster, while others require investigations, negotiations, and collecting evidence, which can take months or years. Our New York mass tort lawyers will advise you on what to expect.

Some factors that can affect your mass tort claim's duration include the number of people involved, the extent of your injuries, the defendant's cooperation, the amount of compensation being pursued, and the type of product in question.

Unfortunately, some lawsuits can take years to resolve due to the case's complexity. Sometimes, the victims accept the defendant's offer before filing a lawsuit.

Why Do People File Mass Tort Lawsuits?

A mass tort lawsuit is filed to speed up the process of a lawsuit. You can spend millions on lawsuits and take years to get a solution. A mass tort helps save time by ensuring all identical cases against a defendant are litigated. These lawsuits often pressure the defendant to settle, lower the risks associated with going to trial and reduce demand for proof.

Mass tort lawsuits also give the plaintiffs more power during settlement negotiations. Fewer judges are required to resolve the claims. This results in increased efficiency for the courts.

What Are the Stages of a Mass Tort Case?

These are the primary stages of a mass tort lawsuit:

  • Review of records - Before filing a lawsuit, your New York mass tort lawyer will evaluate records to ascertain whether you have an injury claim.
  • Distinguishing injury uniformity - The lawyer will research and analyze to see similarities in other injury claims.
  • Filing the lawsuit - The cases are filed together in the same court. A common court will help ensure that the cases are handled efficiently.
  • Bellwether trials - The attorneys pick a few cases to represent all plaintiffs. Bellwether trials are treated as trial runs. They help the defendant and the plaintiffs to make informed decisions on whether they should move on with litigation or settlement negotiations.
  • Settlement - This is the final stage of the lawsuit. If you win the trial, the court will divide the settlement to each plaintiff based on the severity of their damages.

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