Mass tort law is part of personal injury law. Due to the wide diversity of cases, there are numerous laws governing this area, at both the state and federal level.
However, mass torts are different from other regular personal injury lawsuits. Mass torts involve large numbers of claims involving one product or device. Different claims in mass torts have an interdependence in value. Mass tort litigation is different from a class action. In a mass tort, each plaintiff has an individual claim; whereas in a class action, the many plaintiffs and their claims are not considered individually.
The claimants/plaintiffs/victims are usually located in all 50 states, but share a common injury or damage. The claimants join together to bring a legal action against the party responsible for the tort or damage. The intent of this form of litigation is to allow injured parties whose injuries are similar to have their claims litigated at the same time, benefiting from efficiency and economy of scale. Mass tort litigation usually includes product liability, defective drugs and medical devices claims, large antitrust claims against businesses, and disasters of a large scale, such as plant explosions, plane crashes, or apartment fires.
Mass torts require specialized lawyers to litigate the complexities of such volume of cases. Additionally, a large amount of financial capital is needed from the law firms for ongoing costs, since the litigation typically lasts many years until there is a settlement or award. Costs that are incurred include expert witnesses, travel, copying, and technology on a large number of cases. Additionally, mass tort cases require a huge support staff of legal assistants, paralegals, and junior associates to handle and manage the cases.
Many people suffering a serious injury are not able to afford the additional expense of paying a lawyer by the hour. The expenses involved in commencing a legal action for personal injury can be prohibitively high for most people. That is why we offer our personal injury and medical malpractice legal services on a contingency basis. With our “Contingency Fee Agreement”, Banner Legal bears all costs up front on your behalf, and we wait until your case is concluded to be repaid. If we lose, there is no cost to you and our Law Firm is not paid anything. If we are able to successfully win your case, we charge a percentage of the amount of money we obtain for you. At Banner Legal, we are committed to all of our clients having access to the highest quality of legal services in their time of need.
All prospective clients of Banner Legal receive a free confidential legal consultation. We will provide you with an honest and straightforward assessment of your claim, and its potential to be successfully litigated, with absolutely NO obligations!
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