For the most part, Brainerd personal injury attorneys focus on individual victims. But sometimes, a dangerous activity or device hurts thousands of people. These cases have some unique procedural aspects, as outlined below. But at their core, they are the same as a personal injury case. Injured victims deserve financial compensation for their serious injuries.
The experienced Brainerd mass tort lawyers at Carlson & Jones have the skills to successfully resolve these complex claims. We also have the resources to take on large manufacturers and insurance companies. As a result, we often obtain results which exceed our clients’ expectations.
Matters We Handle
Mass tort is the legal term for a harm that affects a number of people at the same time. Our Brainerd mass tort lawyers use several tools, such as Multi-District Litigation, public nuisance, and defective product claims to obtain compensation for victims. Some of today’s most common mass tort matters are:
Hernia Mesh: Doctors implant these surgical nets into patients to prevent blood clots after surgery. However, the mesh often becomes entangled with body tissue, and another doctor must delicately remove the mesh. One physician said the process is akin to removing matted hair from used chewing gum.
Mesothelioma: Asbestos exposure causes this rare and aggressive form of heart/lung cancer. This fibrous mineral was commonly used as a fireproofing and insulating device in many construction projects.
Talcum Powder: For many years, countless women used talcum powder as part of their daily hygienic routines. They did not know that, in many cases, this talcum powder was laced with deadly asbestos.
Procedurally, courts often consolidate these cases, at least for pretrial purposes. This consolidation allows victim/plaintiffs to pool their resources, which means these claims often settle quickly and on favorable terms.
Compensation in a Mass Tort Claim
Mass tort cases can take several years to resolve. These cases entail a consolidated multi-location litigation against a common defendant. However, unlike a class action lawsuit, mass tort is considered an individual personal injury case where compensation varies from plaintiff to plaintiff.
This arrangement works well for people who want to file claims against a common party even though they have suffered different damages. Each plaintiff receives compensation in accordance with the extent of his/her losses.
Hence, a plaintiff who has suffered thousands of dollars in damages will recover compensation commensurate with his/her loss. SImilarly a plaintiff who has suffered a few hundreds in damages will receive compensation that is proportionate to his/her loss.
While compensation may not be divided equally among plaintiffs, their attorneys may share and disclose evidence and details of their investigation among each other. Plaintiffs, therefore, stand to benefit from resources shared by other parties towards the claim.
Reach Out to a Savvy Attorney
Mass tort is often confused with class action, but they are different. Mass tort victims might be entitled to substantial compensation. A mass tort allows for a fair allocation of rewards based on each plaintiff’s damages. For a free consultation with an experienced Brainerd mass tort lawyer, contact Carlson & Jones, P.A. at (218) 736-9429. Attorneys can connect victims with doctors, even if they have no insurance or money.
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