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A mass tort lawyer is a legal professional who represents people who have been injured or unjustly harmed due to the negligence or wrongdoing of a major business, entity, or organization. Mass tort cases are often complex and require specialized and in-depth knowledge of personal injury law to successfully navigate. The main goal of mass torts lawyers is to assist you and others in filing a claim and negotiating on your behalf for a fair settlement.
While it is possible to represent yourself and file a claim on your own, having a mass tort lawyer by your side ensures that you and others negatively impacted by the negligent actions of another party, get rightfully compensated. Pitta & Baione LLP has experienced mass torts lawyers in New York who are available to help you understand your rights, navigate the legal process, and pursue financial compensation today.
What Is a Mass Tort?
A mass tort refers to an act, or omission of an act, that leads to the harm or injuries of multiple people. Mass torts often lead to all or a large majority of the injured people filing a claim against the negligent party, usually a corporation or large organization. The key differentiator between a mass tort and a standard personal injury case is that there is not just one lawsuit, but instead, a grouping of individual lawsuits seeking compensation and justice.
Class Action vs. Mass Tort
While class action lawsuits and mass tort cases are similar in the sense that multiple people are filing a claim against one party or multiple parties, there are differences between the two. Mass tort cases are groupings of individual lawsuits. This means that each case is still treated as an individual case. Because each case gets evaluated individually in a mass tort claim, settlement amounts are different and outcomes are different based on the unique circumstances of each case.
A class-action lawsuit is one lawsuit filed on behalf of a large group of people with nearly identical damages done upon them by the responsible party or parties. In short, the group is treated as one single entity, and any settlement awarded gets divided equally amongst every plaintiff involved. Class actions are more generic and better suited for when the harms done are uniform with little deviation, such as data breach victims or defective products causing minor financial damages.
Common Types of Mass Tort Claims in New York
Mass tort claims can take many forms. In New York, here are a few of the most common types:
- Harmful Medications and Cosmetics – Cases involving medicine or cosmetic products that contain harmful substances, lead to undisclosed side effects, etc., are common in New York.
- Construction and Environmental Hazards – Construction accidents that lead to public injury and environmental hazards, like gas explosions, often lead to mass tort claims.
- Medical Devices – Medical devices, such as hip implants, can often have complications arise due to negligence, defective medical devices, etc.
Remember, these are just a few of the more common types of mass tort claims in New York. If you feel like your case does not fit any of the above, do not worry. Many different cases can qualify for a mass tort claim.
Types of Mass Tort Cases We Consider:
- Hair straightener lawsuits
- Baby formula litigation
- Toxic baby food claims
- Social media harm cases
- Video game addiction lawsuits
- Pacemaker recalls
How Do You Know if Your Case Qualifies for a Mass Tort Claim?
There are several ways for you to know if your case could potentially qualify for a mass tort claim. More often than not, the following cases can usually result in a valid claim:
- Medical Malpractice, Defective Medical Products, Dangerous Pharmaceutical Drugs, etc. – Medical malpractice or dangerous drugs or medical devices can impact several people. Any of these types of cases could qualify for a mass tort claim.
- Defective Products – Businesses have a duty to ensure the products they sell are safe for consumers. If they fail to meet that quality of care, the people who get injured due to defective products can file a mass tort claim. Some common defective product cases include defective vehicles, appliances, electronics, or toys.
- Dangerous Chemicals or Substances – Exposure to dangerous chemicals or substances in the environment or in food can lead to large amounts of people getting injured or suffering medical consequences. This would allow for a mass tort claim to be filed.
- Environmental Dangers – Companies are required to ensure that they prevent pollution, water contamination, oil spills, or gas leaks from negatively impacting the public. Failure to do so due to negligence or lack of care is a valid reason to file a claim.
- Consumer Fraud – Companies are not allowed to lie about their products or the safety of their products. A lie, either directly or by omission, constitutes consumer fraud, and a claim can be filed if damages are sustained.
Overall, any case can technically qualify for a mass tort claim so long as you and others all sustained similar damages of varying degrees directly due to the negligence of another party. If you are unsure about whether or not your case can qualify, it is best to get in touch with a mass tort attorney to evaluate your case thoroughly.
The Statute of Limitations for New York Mass Tort Cases
The statute of limitations for a mass tort claim in New York is 3 years. In other words, you have 3 years from the date of your injury or discovery of your injury to file a claim against the at-fault party. Passing the statute of limitations means you would have no legal recourse to do anything to recover financial compensation for your damages.
How Can a Lawyer Help with a Mass Tort Case in New York?
A mass tort lawyer can help you with your mass tort case in several ways:
- Help you gather evidence that will support your claim.
- Gather all necessary documents and communicate with the at-fault party or parties on your behalf.
- Negotiate on your behalf to ensure you get fairly compensated for your damages.
- Calculate all of the damages you sustained accurately so nothing gets left out.
- Hire experts and medical professionals to testify on your behalf and support your claim.
An experienced New York mass tort lawyer can make all the difference. Remember, the at-fault party is not going to give you compensation out of the goodness of their heart. They will more than likely try to get away with giving you the least amount possible.
With a lawyer by your side, you can rest easy knowing there is someone in your corner who will help you fight for the settlement you deserve.
How Many Mass Tort Cases Go to Trial?
The vast majority of mass tort cases will settle without a trial. Most at-fault parties do not want the hassle of going to court and would rather settle out of court to avoid a lengthy trial. However, do keep in mind that going to trial is possible, but very unlikely unless the case is unusually complex or has many working parts to it.
An experienced attorney will be prepared to represent you in court should it come down to that.
The Average Amount of a Mass Tort Settlement
The average amount of a mass tort settlement is hard to calculate since they usually vary wildly. Ultimately, the amount you could receive in your settlement depends on numerous factors surrounding the case. To find out how much your claim could be worth, it is best to get in touch with one of our lawyers.
How Long Does It Take to Receive a Mass Tort Settlement?
Mass tort claims take time to settle. Most claims can take months, sometimes even years, to reach a verdict.
This all depends heavily on the circumstances and information surrounding the case. No hard timeline can be set without first evaluating the details of the case.
Contact a Mass Torts Lawyer in New York for Help with Your Case
You and others who have suffered due to the negligence of a business or organization should not have to bear the burden alone. You deserve the opportunity to pursue justice and financial compensation for your damages while focusing on recovery and healing.
Let Pitta & Baione LLP guide you through your case. Our experienced mass tort lawyers in New York are ready to provide you with a free consultation with no obligation. Contact us today.
