Why Choose Our Mass Torts

A mass tort is an efficient way for multiple plaintiffs to have their voices heard against a common defendant. Rather than hearing hundreds of similar claims against the same defendant, the courts allow plaintiffs to present a unified case together. Common mass torts are environmental torts, unfair business practice torts, and defective consumer product torts. Our Advocates are available 24/7 to assist Mass Tort victims to recover for their injuries against the largest companies in the world. Contact us by filling out the contact sheet on this page.

What Is a Mass Tort?

A mass tort is a legal action, typically filed in state or federal court, which includes a large group of plaintiffs who have suffered similar injuries or loss because of the defendant(s). Although each plaintiff has their own claim, the similarity of claims allows plaintiffs to pool resources and share information to build their cases against the defendant.

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Types of Mass Tort Cases

A wide variety of situations might give rise to multiple individuals filing similar suits against the same defendant. Most mass torts revolve around the use of the same product or service, or a common event. Here are some examples of common types of mass tort actions:

  • Environmental disasters/exposure to toxic substances. When large corporations have a disaster or expose others to hazardous materials, victims might be eligible to recover damages. Whether these cases are brought as class actions or mass tort depends on how many people are affected. When a disaster or exposure remains confined to a neighborhood, or small area, it’s unlikely to result in a class action. Examples of this kind of mass tort include the Exxon and BP oil spills and the 9/11 attacks on the World Trade Center, as well as asbestos exposure mass torts.
  • Medical devices. Mass torts are commonly used when defective medical devices cause injury or death to patients. Although patients suffer injury from the same device and company, the extent of the injuries sometimes varies, making a mass tort action the right path in some cases.
  • Prescription drugs. Pharmaceutical companies can be held liable when their drugs cause severe harm or death. The testing lab, drug company, and retailer might all be named in a mass tort. Two of the most common antidepressants, Prozac and Paxil, resulted in mass tort lawsuits.
  • Product liability. Other products besides medical devices and prescription medications fall under the product liability umbrellas. When a product has a manufacturing, design, or marketing defect it can affect tens to thousands of consumers depending on the situation. In a product liability mass tort action, manufacturers, wholesalers, retailers and any other party in a product’s chain of distribution might be liable.

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What Kinds of Damages Can I Recover From a Mass Tort Case?

Although plaintiffs in mass torts share resources, they have individual cases. In the same fashion as an ordinary personal injury suit, mass tort plaintiffs might recover damages if the court rules in their favor. Damages commonly awarded include:

  • Medical costs including ambulance and emergency services, hospitalization, surgery, x-rays, follow-up visits, travel expenses to and from the doctor, and prescription medication
  • Future medical costs in the case of a chronic condition or long-term disability
  • Rehabilitation and recovery costs including physical therapy and assistive devices like crutches, wheelchairs, canes, or prosthetic limbs
  • Lost wages for time away from work that is directly related to an injury and hospitalization
  • Future lost wages, referred to as lost earning capacity in the event that a victim cannot return to work, needs to work fewer hours, or must change professions as a result of the injury
  • Home modifications for increasing accessibility such as the installation of ramps or handrails
  • Physical pain and suffering
  • Emotional distress
  • Loss of consortium with a spouse
  • Scarring and disfigurement
  • Other non-economic damages that might apply to your case
  • Punitive damages in severe cases of gross negligence, fraud, or intent to harm

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What Is the Statute of Limitations for a Mass Tort in California?

Whether you file an individual suit or are part of mass tort litigation, you have two years from the date of injury to initiate legal action in California. Similarly, if you are part of a mass tort wrongful death action, you have two years to file a wrongful death suit or survivor action as a surviving family member. Several situations might give a court a valid reason to pause the time clock on the statute of limitations, but this is very rare. It’s in your best interest to contact a skilled mass tort attorney as soon as possible after your injury to ensure you have the opportunity to recover losses related to your injury.

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If you’re worried about pursuing a claim against your employer or after a serious auto accident because of how much it might cost, don’t worry. Workers advocates’ no fee unless you win guarantee means you won’t be asked for any upfront costs to pursue your claims all the way to trial if needed. We make it easy for workers and their loved ones to seek justice in employment and serious personal injury cases. Take your cause to the best attorneys in California, you deserve it.

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MyStory Employee Rights Advocacy In The Community

Our Advocates pride ourselves in serving our nonprofit organizations, civil services organizations, and grassroots working communities across in Southern California. We offer know your rights presentations to communities of all economic, ethnic, and religious backgrounds to overview key employment rights every worker should know. If you or your organization would like to partner with Workers’ Advocate to arrange a free in-person presentation.