You have probably heard of many types of tort claims without realizing that is what they were. A tort is an act or omission that causes another person harm, other than a breach of contract, and amounts to a civil claim through which a court imposes liability on the wrongdoer. The plaintiff is the injured individual who brings the legal claim, seeking compensation for injuries, and the defendant is the alleged wrongdoer. Common tort claims include personal injury, premises liability, and wrongful death lawsuits.
While many torts are between two people, the wrongdoer and the injured individual, not all are. Some torts injure a significant number of people within a region, state, or the nation. When there is an act or omission that leads to dozens, hundreds, or thousands of potential plaintiffs, this is known as a mass tort. While there can be individual defendants within mass tort cases, many are against sizeable businesses.
If you have suffered an injury or lost a loved one due to another person’s actions, whether you know the full extent of the problem or not, contact a San Francisco mass torts lawyer from Willoughby Brod, LLP right away. An experienced and knowledgeable mass tort and class action attorney can review your situation and determine if your case is similar to many others going on right now or that are likely to be brought in the coming months. If you are part of a mass tort situation, this will influence how you and your attorney handle the case. Call (800) 427-7020 to learn more.Types of Mass Torts
There are many situations in which a dangerous product, action, or failure to act has the potential to affect hundreds or thousands of individuals. Medical devices and prescription drugs are a common issue and can negatively impact millions of patients across the country. Environmental issues and significant transportation accidents may also lead to mass tort and class action suits.
Some common mass tort claims in recent history include:
- Dangerous drugs, including DES, Yaz, Androgel, and Zyprexa
- Silicone breast implants
- Hip implants
- Diet pills
- Air, water, and land pollution, including MTBE
- Hazardous waste dumping
- Exposure to toxic chemicals
- Train or plane crashes
If you were injured by a medical device, prescription drug, defective product, toxic waste, or in a serious accident while living in or visiting California, contact a mass tort lawyer in San Francisco as soon as you can. If you are one of many plaintiffs, you need to know how this affects your legal rights and the potential outcome in your case.The Statute of Limitations
If you believe you have been hurt in a mass or toxic tort situation, then you need a lawyer working on your case right away. Time is not on your side. There are time limits to have type of cause of action, which means you only have a certain period of time during which to file your lawsuit. For instance, for a personal injury claim in California must be brought within two years from the date of your injury, or based on the discovery rule, from the date you discovered you had a legal claim based on your injury. That may seem like a long period of time, however, many cases have been dismissed because they are filed too late. The longer you wait to speak with a San Francisco mass tort attorney about your potential rights and legal options, the closer you get to the clock running out on your claim.Let Willoughby Brod, LLP Help You
If you believe you are part of a mass tort claim, speak with Willoughby Brod, LLP right away. Mass tort situations, whether based on pollution, a sizeable transportation accident, or a medical device or drug all require in-depth investigation. It may take months of research and laying the groundwork before it is the right time to file suit.
Additionally, a mass tort action is similar to, yet distinct from a class action suit. In both there are a large number of plaintiffs and common defendants. In both, the plaintiff’s legal actions are consolidated. However, in a mass tort action, each individual plaintiff must still prove his or her injuries. In a class action, the group of plaintiffs have a representative and are treated as a class, not individuals. A mass tort attorney representing individuals in San Francisco can explain the difference and where your situation fits in. You may have a mass tort claim or be part of a class action lawsuit.
For more information, contact Willoughby Brod, LLP at (800) 427-7020 to schedule a free case evaluation.