People get hurt when big corporations put profits over public safety. When you or a family member are injured because a company cut corners, produced dangerous products, or neglected to disclose hidden risks associated with their products, chances are you are not alone.
Right Path law’s mass tort attorneys in Fairfax will evaluate your personal injury claim and determine the right action. We have the experience and resources to stand up to big corporations and get you the compensation you need.
Why Choose Right Path Law’s Mass Tort Lawyers?
You may feel overwhelmed, frightened, and lost when a dangerous product has injured you. We know what you’re going through. We’ve seen it before with many clients and their family members.
There’s also a good chance you’re not alone. Your personal injury or wrongful death lawsuit can become part of a mass tort if it is similar to claims other individuals file against the same defendant or defendants.
Mass torts are usually highly complex. They require experienced, qualified lawyers to navigate them to a successful resolution. At Right Path Law, we leverage our top-notch legal strategies and resources to build your strongest case and steer it to a successful settlement or judgment.
We do this with an unwavering commitment to our clients. We understand that you have been through a traumatic experience. Our attorneys treat each case with compassion, respect, and personal attention. You become part of the Right Path family when you walk through our doors.
What Are Mass Torts?
Sometimes clients ask us to explain the difference between mass torts, class actions, and MDLs. Let's break it down in a way that makes sense.
Think of a mass tort as a situation where a lot of people, maybe dozens or even hundreds of thousands, get hurt by the same thing. Mass torts target a broad spectrum of products and services. Some of the most common include:
Prescription Drugs:
Some of the largest mass torts involve pharmaceutical medications because drug companies mass-marketed the drugs for many years. Dangerous side effects that cause serious injury or illness and lack of proper warnings form the basis of most drug mass torts.
Medical Devices:
Mass Tort lawyers handle claims for people injured by defectively designed or manufactured medical devices. Medical devices that fail to function as expected due to some flaw can cause painful and debilitating injuries to organs, bones, muscles, and blood.
Dangerous Products/Product Liability:
Mass torts target manufacturers and other parties for a vast range of dangerous consumer products, including everything from automotive components to beauty products.
Environmental Damage/Toxic Exposure:
People suffer devastating injuries when corporations negligently contaminate water supplies, the air, and other natural resources. Oil spills, chemical releases, illegal dumping, train derailments, and plant explosions are some ways that corporations harm the environment with toxic substances.
Catastrophic Accidents:
Major accidents often result in mass torts because they injure several people at once. Commercial airplane and train accidents, for example, often injure and kill several people. Sometimes, these accidents result in hundreds of injuries.
Individuals with mass tort claims may file lawsuits against the same defendant in state or federal courts nationwide. Multidistrict litigation (MDL) and class action lawsuits are tools the courts use to manage mass torts efficiently. Both provide ways for mass tort plaintiffs to seek compensation but work differently. The biggest difference is how the court treats the plaintiffs.
What is Multidistrict Litigation?
A mass tort involving hundreds or thousands of similar claims against the same defendant is a lot for the courts to handle. Hearing each case individually would be an impossible task and expense for the courts. Plaintiffs usually file these lawsuits in different districts all over the country.
Multidistrict litigation, or MDL, is a way to streamline the hearing of all lawsuits. It makes finding facts and making important rulings consistent and efficient.
Here's how the process typically unfolds:
- Case Consolidation: a special judicial panel selects one federal judge to oversee the litigation.
- Discovery and Pretrial Proceedings: During this phase, all parties share their evidence and make their initial legal arguments. This phase is critical for establishing the foundation of the plaintiffs' cases against the defendant.
- Bellwether Trials: The court selects a few individual cases as test trials in some mass torts. While not binding on other cases, the outcomes can indicate future trends and facilitate settlement discussions.
- Settlements or Trials: MDLs almost always settle before they go to trial. It is rare for litigants in an MDL to fail to settle their case. If the opposing parties fail to settle, each case may return to the court where the plaintiff originally filed it and re-tried individually using the already-established facts and findings.
What are Class Actions?
A class action is where a few class representatives file a lawsuit on behalf of many others. The representatives agree to take on this role because it comes with extra responsibilities. Courts treat class action claims as a single lawsuit, and the outcome is the same for everyone in the class.
When a court decides a class action, it affects everyone, even those who didn't know they were part of the lawsuit. If the court approves the class action and it goes forward, some people affected by the issue might get little or no money. This can happen even if they never had a chance to present their case directly.
Usually, you can choose whether you want to be part of the class action. Chances are your mass tort will become part of an MDL. However, your lawyer will discuss other options to resolve your case and get you the compensation you deserve.
How Class Actions Proceed
- Filing and Certification: A plaintiff files a lawsuit claiming that the defendant's product or actions similarly harmed many others. The court must decide whether the case encompasses enough people with common legal or factual issues to qualify as a class action. If it does, the judge certifies the class and the case proceeds.
- Notification: Lawyers for the plaintiffs must notify potential class members of the lawsuit after the judge certifies it. Class members can choose to stay in the class and be bound by the final decision or opt-out and pursue individual claims.
- Discovery and Pretrial: Both sides gather evidence and build their cases. This stage involves exchanging documents, interviewing witnesses, and possibly filing motions to resolve the case before trial.
- Trial or Settlement: Most class actions settle out of court, but the case can go to trial if the parties fail to settle. When a class action settles, the judge must decide whether the deal is fair to all class members and certify the deal if it is.
- Distribution and Conclusion: After the court certifies a class action settlement, lawyers must notify class members of the deal. Lawyers must notify class members of the deal and distribute the compensation equally among those who accept their share of the payout.
Remember, personal injury cases and wrongful death cases usually can’t be tried in a class action because every individual’s injury or loss is different.
How Will Right Path Law Handle My Mass Tort Claim?
Right Path Law Group lawyers understand that filing a lawsuit of any kind may seem daunting. We are here to make it as easy as possible, guiding you through every step. Your first step to recovery begins when you reach out to our team about your potential case. We will evaluate your claim and discuss with you how it’s best to proceed.
Personal injury cases and wrongful death cases usually won’t be tried as a class action because every individual’s injury or loss is different. If you suffered a serious personal injury or lost a loved one, we can help you decide if an MDL is your best option.
In an MDL, you have your own lawyer. You'll file your case individually before the judge and jury picked for that case. You also get your own trial to ensure your unique situation gets the attention it deserves.
Understanding the Claims Process
If we find that you qualify for a mass tort claim, we begin an exhaustive process that includes:
- Establishing Uniformity: Your mass tort lawyer looks for other individuals with injuries or a complaint similar to yours. Your unique circumstances help determine whether you join an existing mass tort case that's already underway or become one of the first plaintiffs to establish a new mass tort.
- Investigation: Your lawyer opens a thorough investigation into the accident, gathers evidence, assesses damages, identifies liable parties, and interviews potential witnesses.
- Negotiation: Sometimes, your lawyer may try to settle with the liable party before filing a claim.
- Litigation: When attempts to resolve your case out of court fail, your lawyer will file a lawsuit on your behalf. They will argue your case in the proper venue, such as court-ordered mediation and settlement negotiations or trial.
Your Right Path lawyer will manage all communications with the defendants, their insurers, and other parties, allowing you to focus on healing and getting your life back on track.
How Much Is My Mass Tort Case Worth?
The compensation you can get in a mass tort case varies significantly depending on your specific circumstances.
Generally, potential damages may include:
- Medical expenses (past, present, and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (in cases of egregious misconduct by the defendant)
Our Fairfax mass tort lawyers will evaluate your case to determine your damages and fight to secure the maximum compensation you deserve.
Is There a Statute of Limitations for My Case?
The statute of limitations is a time limit states set for filing a lawsuit. The "clock" starts running on the day of injury, making it essential to hire a mass tort lawyer without delay.
In Virginia, the statute of limitations for personal injury cases is usually two years from the date of the injury. However, several circumstances and exceptions can extend or shorten the timeframe. Your mass tort lawyer will ensure your case meets all the legal deadlines.
What Does it Cost to File a Mass Torts Claim?
Our mass tort lawyers work on a contingency fee basis. You only pay if we secure compensation for you in a mass tort case. You will not pay upfront costs or hourly fees.
How Does It Work? Let's say we secure a settlement or court award in your favor. In that case, our fees come out as an agreed-upon percentage of that total amount. You'll know the percentage from the very start with no surprises down the line.
What Do Our Fees Cover?
- Investigations
- Gathering evidence
- Handling paperwork
- Working with relevant experts
- All communications with relevant parties
- Negotiations
- Litigation, if it comes to that
Have Questions? Please Ask Us! Before signing anything, you have every right to understand exactly how contingency fees work for your situation.
We'll lay out all the specifics, including:
- What percentage we receive
- Whether there are any additional costs
- When payments would be required
Our team prides itself on transparency. We will answer any questions you have about our fee structure and costs. The goal is to get you the best representation possible.
Can I Handle My Own Mass Tort Lawsuit?
When pursuing a mass tort claim, you can expect the defendant and their insurance company to mount an aggressive defense. These companies protect their profits, investors, and bottom lines, so they will do everything possible to minimize or avoid paying damages.
Some of the strategies corporations and their insurers use include:
- Denying liability or downplaying the severity of your injuries or illness
- Offering lowball settlement amounts that fail to account for your full damages
- Dragging out the process in hopes that you'll become frustrated and accept an unfair offer
- Attempting to shift blame onto you or another party
- Questioning the credibility of your medical evidence or expert witnesses
Going up against a well-funded company and insurance company alone can be an uphill battle. An experienced mass tort lawyer by your side is the best weapon you can have at your side. At Right Path Law, we have a deep understanding of the tactics insurance companies use, and we know how to counter them effectively.
Speak to Our Fairfax Mass Tort Lawyers About Your Injury
Don't try to navigate a complex mass tort lawsuit alone. We are here to steer you from filing the strongest claim possible to winning the compensation you and your family need. We're not intimidated by powerful companies or insurers - our only allegiance is to you and your rights.
Take your first step on the right path today by calling (703) 637-9999 for a free consultation and how our Fairfax personal injury lawyers can help you get the maximum compensation for your injury or loss.