Mass Tort Claim: How Do They Calculate Compensation?

A mass tort claim is a lawsuit in which multiple individuals are alleging that the same entity caused them harm. Many of these cases revolve around dangerous drugs and medical devices. However, they can also result from injuries due to exposure to toxic substances, large-scale catastrophes, and any type of dangerous and defective product. Injured individuals often hire a personal injury lawyer to help them get fair compensation. In this blog post, we’ll outline some of the key considerations in the determination of damages.

What Influences Compensation in a Mass Tort Case

Unlike class-action lawsuits, mass tort claims involve people who have suffered various degrees of losses. In a class action, one person files a lawsuit and represents the interests of everyone else who was similarly harmed. The initial plaintiff also provides evidence to show that their experience was the same as other members of the class. Usually, the at-fault party pays compensation in a lump sum that is divided equally among everyone in the class, regardless of the value of their losses.

In a mass tort lawsuit, each plaintiff has a separate trial and compensation varies from one person to another. This allows each individual to claim damages that are directly in proportion to the losses they incurred. Two individuals may be exposed to the same chemical but they may suffer different degrees of harm. One may be able to return to work after treatment while another may be left disabled and unable to work again. Naturally, the latter person would expect to receive more than the person who is still able to earn a living.

Factors that could influence the amount of compensation a person receives include:

  • The nature of illness or injury
  • The extent of illness or injury
  • The type of treatment required
  • The age of the plaintiff
  • The plaintiff’s medical history
  • Whether other factors could have contributed to their illness or injury

Types of Damages Individuals Can Claim in A Mass Tort

Mass tort cases make it easier for the average person to get fair compensation from large corporations. Defendants often have access to extensive resources and teams of attorneys who can help them avoid liability. Most people would find it impossible to succeed against a large business such as a pharmaceutical company.

However, individuals who hire experienced personal injury attorneys and become part of a mass tort claim stand a good chance of getting the damages they deserve. Even though each claim is handled separately, the lawyer representing the various plaintiffs can share evidence and details of their investigations with each other. This can strengthen the case against the at-fault party.

If  you suffered harm because of a dangerous substance or defective product: you may be able to claim damages for:

  • Medical expenses
  • Physical therapy and long-term care
  • Disability and disfigurement
  • Transportation costs relating to the injury or illness
  • Lost earnings and lost earning capacity
  • Emotional distress
  • Pain and suffering
  • Loss of consortium

Your attorney will fight to ensure that you get maximum compensation for your injuries. However, you need to be aware that some states limit the amount plaintiffs can receive in personal injury cases. These caps usually apply only to non-economic damages. Those are losses that can’t easily be quantified such as pain and suffering and emotional distress.

These limits are in place to reduce the liability businesses could face while also preventing people from exaggerating their losses and claiming exorbitant sums. Caps on damages usually range between $350,000 and $750,000.

Get Expert Legal Advice from the Class Action Lawyer Coalition Today!

If you suffered harm that you believe is due to the negligence of another entity, you need to seek legal advice as soon as possible. Given that there’s usually a statute of limitations on personal injury cases, you shouldn’t waste time. Instead, reach out to one of the experienced personal injury attorneys in the Class Action Lawyer Coalition and schedule a free consultation. We’ll let you know if you have a case and advise you on how to proceed.

While individual lawsuits are sometimes ideal, other situations are best served by class-action lawsuits or mass tort litigation. We have the knowledge and expertise to help you decide the best route to take. You’ll only have to pay if we take your case and secure compensation on your behalf. You have nothing to lose by seeking a legal opinion so contact us today!