A mass torts lawyer helps people who have suffered similar injuries as the result of a single defendant’s negligence to pursue their cases in court. We help injured people obtain the compensation that they deserve, especially in cases involving unintended side effects from prescription drugs.
If you’ve been injured in the state of Louisiana and you believe you may be eligible to join a mass torts case, you’ll need a Lafayette mass torts lawyer’s guidance if you want to make the most of your settlement.
How Does a Mass Tort Case Work?
It is a simple fact at some point during your life, you may suffer an injury that is another person’s fault. While this can be the result of an intentional act, such as an assault or kidnapping, most tort cases arise from accidents. However, just because a person does not mean to cause harm to another does not mean that they are not legally liable.
Most torts are pursued by plaintiffs and mass torts lawyers on an individual basis. For example, if two people are injured in a car accident, they would usually both file separate lawsuits against the at-fault driver. However, there are specific circumstances under which plaintiffs in a case can band together to simplify their claims. This typically occurs when several plaintiffs have similar claims against a single defendant.
For a free legal consultation with a mass torts lawyer serving Lafayette, call (337) 777-7777
What Kind of Mass Tort Lawsuits Can I Join?
There are currently several types of mass tort lawsuits plaintiffs are joining. If you have suffered an injury as the result of any of these complications, you may want to consider reaching out to a mass torts lawyer in Lafayette.
- Hernia Mesh – Approximately one million hernia repair surgeries are completed each year in the United States, according to the Federal Drug Administration (FDA). Chronic pain after the procedure happens in about 30 percent of patients.
- Hip Replacement – While millions of Americans have benefited from this surgery and were given a new lease on life, others have serious problems such as pain and mobility issues.
- IVC Filters – Inferior vena cava (IVC) filters are small medical devices that are used for patients who are at a high risk of experiencing an arterial blockage in the lungs or a pulmonary embolism. When these filters are defective, they can perforate the inferior vena cava.
- Knee Replacement – According to Health Research Funding, more than 4.5 million Americans have at least one total knee replacement, with more than 54,000 of these surgeries performed each year. However, in some patients, the implants are failing.
- Mesothelioma – According to a 2017 report by the Centers for Disease Control, more than 2,000 people are diagnosed with mesothelioma each year. Often, the cause was asbestos exposure on the job.
- NAS Opioid Lawsuit – Neonatal Abstinence Syndrome (NAS) refers to a series of medical complications that occur when a mother uses prescription drugs during her pregnancy. Parents are holding the drug manufacturer responsible.
- Roundup – The product known as Roundup, which was created by the Monsanto corporation, is one of the most common pesticides used in the United States. It is also a killer, and the manufacturers are being held responsible.
- Surgical Stapler – According to the Food and Drug Administration (FDA), hundreds of thousands of people have been injured by surgical staples in the last decade. Surgeons rely on surgical staples to seal incision sites after surgery.
- Talcum Powder – Talcum powder has long been associated with infant care, and many people use it to stay dry and fresh. However, some powder contains the dangerous ingredient talc, which has been linked to deadly mesothelioma.
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Why Should I Join a Mass Tort Lawsuit?
Mass torts carry several significant advantages, depending on the circumstances. Your mass torts attorney in Lafayette can tell you if your claim is a good fit for a mass tort. Here are a few of the main benefits:
Mass Torts Allow People to Pool Their Resources
Oftentimes, a mass tort case is filed against large corporations such as pharmaceutical manufacturers or oil companies. These companies may have engaged in behavior that injured thousands of people, but each in their own distinct way. A mass tort allows these people to consolidate their individual grievances into a single case they and their Lafayette mass torts lawyers can work on together.
A Mass Tort Combines Lawsuits into a Single Case
A mass tort combines what would otherwise be hundreds or thousands of lawsuits into a single case. This places all of the cases in the hands of a single judge and a single courthouse, which in turn keeps rulings consistent and allows plaintiffs to share evidence.
A Mass Tort Simplifies Litigation
A mass tort simplifies the litigation phase of the case by allowing witnesses to only testify or submit themselves to deposition once. This single instance can serve for the benefit of you and your Lafayette mass torts attorney as well as all of the other plaintiffs.
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What Is the Difference Between Mass Torts and Class Actions?
Class action lawsuits and mass torts are very similar, as they both involve multiple plaintiffs and a single defendant, as well as a common act that led to an injury. However, there are key distinctions that people need to be made aware of.
Mass Torts Keep Your Case Separate
The most important distinction is that mass torts keep all the plaintiffs’ cases separate. This can create specific fact patterns that can help an individual plaintiff’s case. Conversely, a class action uses a single representative plaintiff to speak for all the claimants. Therefore, if one person has a unique set of circumstances that led to them filing suit, a mass tort case could give them a better chance at having a strong impact on a jury.
Mass Torts Require Identical Fact Patterns
In addition, class actions require all plaintiffs to have identical fact patterns and injuries that lump them into a class. For example, all people who were fired by a corporation because of their gender may file a class action suit since they had the same injuries.
These criteria must fit the requirements provided in Rule 23 of the Federal Rules of Civil Procedure. By contrast, mass torts allow people to maintain their individuality while banding together to pool resources. This can apply to both the compensation that they seek and the circumstances that led to them filing suit.
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Get Help from a Mass Torts Attorney Today
If you are one of many injured by the actions of a corporation, you do not need to face that company alone. When the actions of a company have injured many people in a similar way, these plaintiffs may group together to file a mass tort, allowing you to share resources and confront large corporations from a position of collective strength.
A mass torts lawyer in Lafayette could help you initiate this process or join in on an existing one. A lawyer from Laborde Earles can work to discover the evidence that led to each individual plaintiff’s injuries and construct that evidence into a claim for damages. Contact a Louisiana mass torts attorney today for more information or to schedule an initial consultation.
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