When you or a loved one suffered because of a product defect or someone’s negligence in Birmingham, you can typically recover damages by filing a case against the liable business or individual. However, if many people suffer injuries due to the same party’s actions, you could consider bringing or joining a mass tort action instead.
A Birmingham mass tort lawyer from Cory Watson Attorneys can advise you on how to best proceed with your case and handle the legal process for you. We begin with a complimentary consultation and proceed on a contingency-fee basis.
Mass Tort vs. Class Actions: What’s the Difference?
Mass torts and class actions might seem similar at first glance, as you can file either of these if you and a sizable group suffered due to one party’s product or actions. Taking collective action means you share similar injuries, evidence, and case details against one party.
However, in class actions, one plaintiff represents the overall group. This is in contrast to mass tort actions, where similar injury cases get grouped together but go to trial individually. The way compensation is issued also differs between these types of cases.
How Damages Work in Mass Tort Cases vs. Class Actions
In a class action, the group’s damages would get compiled. If the case settles favorably, they would later have to determine how to distribute the amount to the rest of the group. For instance, if 50 people are suing and the damages totaled $20 million, they could individually recover $400,000. This is regardless of whether one person’s damages were lower or higher than the others.
Since cases remain individual in a mass tort action, you would still be able to recover as if you had filed separately. Compensation is awarded based on the specific damages you suffered.
For a free legal consultation with a mass tort lawyer serving Birmingham, call 877-562-0000
Damages You Could Recover in a Mass Tort Case
Recoverable economic and non-economic damages in a successful mass tort action are similar to that of an individual injury case. They can include:
- Hospitalization, treatment, and other medical costs
- Future medical expenses
- Past and future lost wages
- Psychological trauma
- Disabilities and disfigurements
Birmingham Mass Tort Lawyer Near Me 877-562-0000
Examples of Mass Tort Actions
Here are some types of mass tort actions that a lawyer from our firm can help you with in Birmingham:
- Defective drugs: This is when a company’s medication injures numerous users. The injury can be immediate or experienced later on. For example, people buying a defective drug may suffer from adverse side effects several days or weeks later.
- Toxic exposure: A community may have been exposed to toxic products that cause illness or injury. Examples include weed killers and pesticides.
- Product malfunctions: If a company creates a product that has design or manufacturing flaws, causing it to malfunction and harm users, it can be subject to a mass tort lawsuit.
How a Mass Tort Lawyer Can Assist You
Mass torts can cover a wide range of laws depending on the cause and the damages suffered. When you hire us, our mass tort lawyer will review these laws to identify which ones apply to your situation. For instance, if the action is against a manufacturing plant that did not dispose of asbestos properly, our team can analyze Alabama’s asbestos regulations and determine how the company violated them.
Other ways that our mass tort lawyers can help include:
Compiling Evidence and Computing Damages
You must be able to prove how the other party’s actions led to your or your loved ones injuries or illness. A mass tort lawyer will help you and your fellow claimants compile as much available proof as possible, such as:
- Medical records regarding the injuries or illness
- Official reports from medical professionals
- Witness testimony
- Videos or photos of the cause of the injuries
- Manufacturing records or other documents in the liable party’s possession
Furthermore, our team can compile proof of your expenses, such as hospital bills, other medical receipts, and documents of your lost wages. Gathering as many of these records as possible will help us compute your recoverable damages accurately. We can also estimate the amount of non-economic damages you could recover, depending on how severe your condition is and other factors.
Complying With Filing Requirements
One of the first steps we will take is to determine your filing requirements so the court doesn’t dismiss your case without hearing the evidence. For instance, you must typically comply with Alabama’s two-year statute of limitations outlined under Alabama Code § 6-2-38. Other deadlines and requirements may apply since other plaintiffs are involved. We’ll ensure your case stays on track.
Providing Legal Representation
If the mass tort action goes to court, we’ll present the evidence, communicate with other involved parties, and prepare you should you need to testify. We’ll advocate for a court award that addresses all of your damages.
However, the other party may also propose settling the dispute outside the courtroom via arbitration. They might choose this option if they do not want to deal with multiple court proceedings. If all plaintiffs agree to settle privately, our mass tort lawyers can also represent you during the negotiations.
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Speak With Our Mass Tort Lawyers Today
If you or a loved one, along with several others, were victims of a person or business’s actions, our team at Cory Watson Attorneys is ready to help. We have decades of legal experience in various personal injury practice areas, including mass torts and class actions here in Alabama.
You can get started today by calling for a free consultation with our team. You may also call us anytime. Our support team will be available to answer your inquiries 24/7.