California Mass Torts Lawyer

In Thousand Oaks, there are many circumstances where a personal injury claim could involve more than one plaintiff. From workplace exposures to multi-vehicle collisions, our attorneys at Quirk Accident & Injury Attorneys, APC have seen many of these scenarios and are prepared to help you through a mass torts claim. With knowledge and experience handling these claims, we will ensure that your rights are being protected from start to finish. Please contact us today for more information on how we can help you, as well as a no-obligation case consultation.

Do I Need a Lawyer for a Mass Torts Claim?

Some individuals choose to move forward with a personal injury claim without the help of an attorney. However, in the event of a mass torts claim, it is recommended that you have a dedicated and experienced lawyer on your side. This is due to the fact that litigation surrounding mass tort claims can be complex and difficult to understand on your own. The size and complications surrounding these claims can make them a lengthy legal battle that can be better handled with a knowledgeable legal advocate. Another aspect to remember is that many mass tort lawsuits are filed against large corporations for their negligence. With aggressive attorneys on the sides of these massive companies, it can feel impossible to move forward with a successful claim. This is why you can benefit greatly from having an attorney on your side who will fight back and help you obtain damages you need to get back on your feet.

What is a Mass Tort Claim?

Mass tort claims are brought forth when several people are harmed by the same negligent act. The injured individuals have all been harmed by the same person, entity, or corporation. A small or large group of victims will be able to recover monetary compensation through one of these claims. Here are some of the most common mass torts that are seen by personal injury attorneys every year:

• Product liability claims
• Claims involving defective medical devices or drugs
• Torts relating to mass disasters
• Toxic contamination torts

In mass tort claims, each injured individual has an experience or story that is related to the claim. However, their stories and experience vary from one person to the next. For instance, one person might have experienced debilitating symptoms relating to a dangerous prescription drug, while another individual may have lost a loved one due to fatal symptoms caused by that same drug.

How Does a Mass Tort Claim Differ from a Class Action Lawsuit?

Even though many people confuse mass tort claims with class action lawsuits, they are entirely different. Class action lawsuits are filed by a large group of people who have suffered similar damages and injuries due to the negligence of a person or entity. These claims are brought to reduce the number of similar claims against a person or corporation. Also seen in class actions, one plaintiff files the claim and has to show that their experiences are similar to the rest of the group so that all involved parties can receive compensation. Mass tort claims are a bit different. As mentioned, everybody may have a similar experience that differs greatly in many ways. In these cases, individuals do not typically sustain the same injuries and some may have even lost their lives as a result of the negligent act or inaction. In these cases, an attorney or several attorneys will represent a group in litigation.

Determining Negligence in a Mass Tort Lawsuit

Determining negligence in a mass tort lawsuit is similar to other personal injury claims, the burden of proof is just high. Here are four of the elements that can be used to determine negligence, leading to a successful mass tort lawsuit:

• Duty: You and others involved in the mass tort claim must establish that a duty of care existed. This means that the defendant was supposed to utilize reasonable care and protect you from harm. An example is a drug manufacturer being required to manufacture a prescription drug that does not cause unexpected illness, injury, or even death when used.
• Breach of Duty: A breach of duty can be shown when the defendant has failed to exercise reasonable care to others and has acted in a negligent fashion.
• Causation: Causation can be shown when a victim sustained injuries or death directly as a result of the breach of duty. In these cases, the court will take a closer look at the individual’s injuries and damages and will determine if the actions of the defendant actually caused them.
• Damages: To be successful in a mass tort claim and prove negligence, you will need to show that you sustained damages as a result of the accident. The harm that you must have suffered can be either physical, emotional, or financial.

What Damages Are Available in a California Mass Tort Claim?

Because major corporations tend to have large legal teams in many cases, mass tort claims are a necessity for many in California each year. These legal teams attempt to save companies as much money as possible by paying out very little in the event of a lawsuit. However, with the help of an attorney on your side, you and others may be successful in a mass tort claim. This means that you could be eligible for some of the following damages:

• Current and future medical expenses
• Transportation costs to and from medical appointments
• Loss of income and future lost earnings
• Pain and suffering
• Disability or disfigurement
• Punitive damages in cases of gross negligence

In California, you have a specific amount of time to file a lawsuit known as the statute of limitations. The amount of time that you have to join a mass tort claim depends on the type of claim. For instance, many mass tort claims are personal injury or wrongful death claims, which means that you have two years to file a lawsuit under California’s statute of limitations. An experienced legal advocate can help you ensure that you are meeting all deadlines in your claim.

Contact a California Mass Torts Lawyer Today

Any time that an individual is injured or loses a loved one in an accident, they may wonder where they can turn. When multiple people are injured or face fatal losses due to negligence on behalf of one or more parties, a mass tort claim may be necessary. For nearly a decade, Quirk Accident & Injury Attorneys, APC has assisted those who have suffered significant losses due to the negligence of others. We stand up to corporations and big-name insurers so that affected individuals can receive the damages they need to move forward during one of the most difficult experiences of their lives. Please contact us today so that we can help you identify the best course of action for you or your family.