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Determining Liability and Fault in a Mass Tort Lawsuit

If you are part of a mass tort lawsuit or looking to become a part of one, you may be wondering who you should be bringing your claim against. Determining who is liable for your injuries or the illness you suffered can be tricky. Seeking help from legal professionals can help you recover damages and properly determine who should be accountable in your case.

If you are ready to take an at-fault party to court, the Los Angeles mass tort lawyers of KJT Law Group will help you through the process. We can help you determine who is liable for any harm that came to you, and we can represent you and seek optimal compensation on your behalf.

What Is a Mass Tort Lawsuit?

A mass tort occurs when multiple parties file a case against an at-fault party. While many may associate a mass tort with a class-action lawsuit, the two are quite different. A mass tort is the result of an act that harms many people. However, when taking up a legal case, each person taking action against the defendant remains an individual. This means each person in the mass tort can receive different compensation based on the damages sustained.

Class action lawsuits involve a large group of people filing one claim against a single defendant. When a settlement is reached, the plaintiffs all divide the compensation evenly.

Mass torts present a distinct advantage in the way they allow individuals to seek compensation. By electing to go this route, you give yourself more of an opportunity to recover damages specific to your incident. However, a mass tort still involves a large group of people taking action against a single defendant over a similar harmful incident.

Common Examples of Mass Tort Lawsuits

The most common examples of mass tort lawsuits involve:

  • Exposure to dangerous products
  • Exposure to toxic substances
  • Defective medical devices
  • Bad prescription drugs
  • Plane crashes

While these are but a few of the instances in which you would opt into a mass tort lawsuit, the most common cause of mass tort lawsuits is related to drug or medical negligence.

Determining Fault

Liability and fault are determined in the same way in a mass tort as they would be in a normal personal injury lawsuit. When it comes to torts, there can be intentional torts, negligent torts, and strict liability torts. Determining which category your case falls under depends on your tort.

To prove that a party is liable, the plaintiff must prove the defendant acted negligently, purposely harmed them, or that they made and sold defective products. While you may think proving liability in your incident is simple, the burden of proof lies on the plaintiff. In addition, major corporations will have the resources to try to place liability elsewhere.

Attorneys who manage mass tort litigation will look through all of the details of your case to make sure there is nothing that you are missing. For instance, in 1994, a USAir Flight crashed near Pittsburgh. A mass tort case followed, and while USAir was found liable, the Boeing Company paid the settlements. This is because the fault was not just determined to lie with the airline but also with the maker of the airplane.

Adhering to the Statute of Limitations

The party must also file their lawsuit within California’s statute of limitations, or they could lose out on the ability to recover damages. In order to file a personal injury lawsuit based on negligence, the lawsuit must be filed within two years of the date of injury, according to the California Code of Civil Procedure § 335.1. However, the limitations can change with exposure to harmful products.

For instance, if you suffered asbestos exposure, you have only one year to file your lawsuit from the time that the injury presented itself, per California Code of Civil Procedure § 340.2. Seeking out the services of a mass tort attorney in LA gives you the upper hand when dealing with legal statutes. Our team will ensure you follow the timeline your case requires.

The Benefits of a Mass Tort Attorney

If you have been harmed due to a corporation’s negligence, you should seek a mass tort attorney in LA. There are numerous benefits to working with an attorney rather than going through the process alone.

Building Your Case

We will work with you to help you build your case against the defendant. Because of the nature of mass torts, we will want to closely look at your individual experience and determine what the best plan of action is for you. While doing this, we will want to make sure it makes sense to file your claim alongside the others who are taking action in the mass tort lawsuit. 

We will gather information related to your claim and work with experts in their fields to present the best case. After this review, we can take all the information we have and determine liability.

Presenting Your Medical Records

We will need access to your medical records so that we can examine your medical history and prove that the product or incident in question is the cause of your injuries. We will review any necessary information and present it in a way that explains why you should be allowed to recover the damages we seek. During this part of the process, we will need information regarding all relevant illnesses or ailments that you have experienced.

Working with Medical Experts

When it comes to mass torts, the defendant will have resources at their disposal to try to avoid having to pay you compensation. With your medical records in hand, we will work closely with medical experts to explain how your injuries came to be and why the liable party is responsible for them. Having medical experts on your side can go a long way in ensuring you receive optimal compensation.

Representing You in Court

When the time comes to go to court, we will be there to represent you. You can rely on the mass tort lawyers of KJT Law Group to use their expertise to give you the fair trial that you deserve. Our team has recovered millions of dollars for our past clients.

When working with a mass tort attorney, a stressful and confusing process can become much more straightforward. We are here to help you recover the damages from your injury without placing the burden on you.

What Do I Do Next?

If you live in Los Angeles and you have suffered injuries or are exhibiting symptoms that others in your situation are experiencing, then you can take action. Let our Los Angeles mass tort lawyer at KJT Law Group represent you and help you recover compensation that fits your claim.

We are ready to help you put your case together and get you back to your life. If you would like to discuss more information regarding a mass tort case or how our lawyers can help you weigh your legal options, call us today for a free consultation at (818) 507-8525.

We Will Fight For You

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