The Process of a Mass Tort Injury Claim

How Mass Torts Work When Making an Injury Claim

In mass tort injury litigation, each plaintiff (injured party) files his or her own lawsuit. The courts handle them together, however, because it is less complex and more convenient. Understanding how these cases work is important if you believe you may have a claim. All mass tort cases share some fundamental similarities, despite their differences.

Records Will Need to Be Reviewed by Your Lawyer

The records that your mass tort attorney reviews will help him determine whether you have a case. As well as reviewing the plaintiff’s statements and allegations, they must also review the medical records. A defense lawyer typically goes back around 10 years in a regular personal injury case. 

Mass tort injury litigation involves a thorough examination of your whole medical history. The purpose of this is to determine if you have pre-existing conditions. You can also confirm the timeline of when you claim you became aware of your injuries.

Injury Consistency Is Important to Mass Tort Injury Attorneys

Identifying injury consistency is necessary for your lawyer to file a mass tort. It is almost always the case that a group of plaintiffs alleges identical or similar injuries. The plaintiffs in the lawsuits against paraquat manufacturers, for instance, all suffered from cancer.

One case must be built against a defendant by mass tort lawyers. There will be separate lawsuits for each plaintiff. However, the lawsuits must have a similar structure. It is because a small number of cases will drive the course of the rest. If there are outliers that do not fit the pattern of the bellwether cases, compensation may not be available.

Attorneys who specialize in mass torts must categorize the cases. Several methods are used to accomplish this. It may depend on the severity of the injuries. Alternatively, plaintiffs can be grouped based on their age or injury duration. This is how damages will be determined once the case settles. Damages are usually assigned according to the type of case you have.

Lawsuits Filed in Federal Court

Federal courts handle mass torts. It is best to file the lawsuit together even if the plaintiffs are located in different parts of the country. Lawyers refer to this as mass tort claims consolidation.

It is important to hire an experienced mass tort injury lawyer since the cases are tried in federal courts. They know how mass tort cases are structured and how to file them.

Consolidating these cases makes everything faster and easier for everyone involved. This is also the way the court prefers it. There’s no need to clog up their dockets with individual cases. The goal is to streamline them by consolidating them.

Cases That Serve as Bellwethers Are Tried

Courts prefer to try a few cases before trying the entire group. These are known as bellwether trials. In mass tort injury litigation, attorneys typically choose cases of the highest severity. This may include people who have died or are imminently going to die. There may also be cases involving plaintiffs who have sustained the greatest damages.

Bellwether cases serve as tests for both the judges and the juries. The outcome of this initial case helps determine the course of the others. The bellwether case will determine whether the others will proceed to trial if it is found in favor of the defense.


A mass tort’s final phase is the settlement. In most cases, settlements are reached. Almost all of them settle, even if it takes time. Trials take time and are expensive. Additionally, an appeal is always possible. Lawyers who handle mass tort injury cases prefer to settle them outside of court. Most judges feel the same way.

Diaz Law Firm: Mass Tort Lawyers

If you or a loved one have been injured by exposure to paraquat, contaminated water from Camp Lejeune or suffered injuries from being exposed to dangerous substances, you should consult an attorney as soon as possible. For help obtaining the compensation you deserve, contact the Diaz Law Firm today.  Contact us online or call 1-800-459-2222 toll-free. We represent clients in all parts of the United States and are a national firm.