Mass Torts In Alabama

A tort is essentially the civil law equivalent of a crime. If someone has been the victim of a tort, they have the right to seek money damages from the alleged tortfeasor (the defendant in their case). If many different people are injured in the same way, they can file suit against the tortfeasor in a class action lawsuit – but what about those who are injured by the same event or practice, but in different ways?

The latter situation is referred to in Alabama as a mass tort. Mass tort actions are usually incredibly complex, with many plaintiffs involved, and it is easy to feel as though your pain and suffering are ignored. Our Birmingham injury attorneys at Goldasich, Vick & Fulk can help to ensure your voice is heard, and to increase the chances of your receiving the compensation you deserve.

Class Actions vs Mass Torts

If you suspect you have been the victim of a mass tort event, it is important to understand what that means legally, and how it is different from a class action lawsuit. The main point is that in a class action, all the alleged damages suffered by each plaintiff are uniform; everyone has (at least in theory) sustained the same damage. A mass tort event can inflict very different conditions on different people. For example, a dangerous drug might give one person a skin rash, while it might put another person on a respirator.

There are many different types of dangers that may give rise to mass tort actions. Some of the most common include dangerous drugs or other products, chemical spills, and man-made natural disasters like train derailments. In these scenarios, anyone injured by the main event has the potential to develop any number of physical or psychological conditions, but regardless, has the right to seek damages.

Positives & Negatives

Another significant difference between class actions and mass torts in Alabama is that consolidation of many different claims generally comes at a later point in a mass tort event than it does with a class action lawsuit. What this means is that each potential plaintiff must file their personal injury case after a mass tort, and if enough are filed in the same jurisdiction, they may be joined at a later point.

There are definite advantages to mass tort events, but also factors that may be less positive for many. For example, something to consider as a plaintiff is that a mass tort event generally means less control over case strategy – an attorney in this type of case must consider the needs of all the plaintiffs involved. Consulting an attorney even before you decide to file suit can help you clarify your options.

Our Attorneys Are Here To Help

If you have sustained injuries due to a mass disabling event, know that you have the right to seek compensation. Being part of a mass tort case can help increase your odds of doing so, but every case is different. Our Birmingham mass tort attorneys from the firm of Goldasich, Vick & Fulk can offer compassionate and dedicated representation during what can be a frightening time in your life. Call our office today to schedule a consultation.

Source:

judicial.alabama.gov/docs/library/rules/cv23.pdf