What is Mass Tort Litigation?
Mass tort litigation groups hundreds or thousands of similar individual legal claims together before one judge to streamline the legal process. Mass tort litigation develops when a company harms a large group of people but their injuries vary too much to meet the requirements for a class action lawsuit, so hundreds or thousands of individual legal claims need to be filed. Sometimes, companies also include restrictions in their terms of service contracts that prohibit individuals from filing class action lawsuits.
Key Takeaways
- Individualized damages: Your damages depend on your specific injury, not a flat formula applied to everyone.
- Case consolidation: Thousands of cases are transferred to a single judge for pretrial efficiency.
- Active legal claims: You are not passively participating in a class action settlement negotiated by other parties; you are fighting a real legal dispute based on the individual harm you experienced.
- Bellwether trials: The court typically selects a few test cases to go to trial first, setting the tone for global settlement negotiations.
What Exactly Is Mass Tort Litigation?
Mass tort litigation (often called a "Multidistrict Litigation" or "MDL") coordinates hundreds or thousands of individual cases against the same defendants so they are all managed together in one court, before one judge. The goal of an MDL is to resolve similar legal claims more efficiently and consistently than if they were all filed in different courts across the country.
Typically, most individual cases in an MDL don't go all the way to trial. Instead, the judge selects a small number of "bellwether" cases for trial, which act as a test for the legal theories and damages claims. The results of these bellwether cases set the stage for broader settlement negotiations that can resolve the remaining legal claims.
Your Responsibilities as a Plaintiff
Filing a legal claim in a mass tort litigation requires far more involvement than submitting a passive class action settlement claim on a website. You are an active plaintiff initiating a legal dispute. That comes with three key responsibilities:
- As a plaintiff, you have a strict legal duty to preserve all relevant evidence. You cannot throw away or delete any documents, communications, or devices that have any information related to your legal claim--even if you think it's not that important or if it might even weaken your case. Your obligation to preserve all relevant information lasts for the entire duration of your legal claim.
- To support your legal claim, you will also need to swear to the exact facts of your experiences and injuries under penalty of perjury.
- Finally, be ready for the long haul. Litigation can take years, and you'll need to stay alert for communications from your attorneys related to your legal claim. Sometimes there will be long periods of waiting, followed by a flurry of activity that impacts your legal claim and requires your input. If your contact information changes, make sure to let your attorneys know so they can always reach you when needed.
Where ClaimsHero Fits In
We identify massive corporate harms and make it possible for people to hold those corporations accountable. As an Arizona ABS law firm built like a tech company, ClaimsHero helps coordinate hundreds or thousands of similar individual legal claims so corporations have to take notice. We handle the complex data gathering and documentation required for mass tort litigation, while partnering with elite national trial lawyers to file and litigate individual cases. We pool our technological infrastructure with their courtroom experience to ensure you have the firepower to take on well-funded defense teams.
Frequently Asked Questions
How long does a mass tort litigation take? These are highly complex legal battles against massive corporations. Outcomes are uncertain, and you should expect the timeline to span anywhere from two to five years or longer before a resolution is reached.
Will I have to go to trial? For most people, no. Courts usually select a few "bellwether" test trials to go first. The vast majority of plaintiffs wait for those test trials to conclude. Once they finish, the remaining cases typically resolve through negotiated settlements based on those early verdicts.
Is this the same thing as a class action? No. A class action typically relies on just one named plaintiff to represent all eligible class members. Class members don't file their own lawsuits, and they need to meet specific criteria to qualify for any settlement. A class action settlement also typically offers class members a uniform settlement payment that is much smaller than what they might have recovered through an individual legal claim. In contrast, mass tort litigation coordinates thousands of individual legal claims, treating you as an individual plaintiff with damages based on the specific harm you experienced.
Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice specific to your situation. Past results do not guarantee future outcomes.
