If another person or company’s negligence caused your injury or illness, call the Florida personal injury lawyers of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. right now to discuss your case. We can review the details of the incident and determine whether you are eligible for a class action or mass tort lawsuit. You might be entitled to compensation for your medical treatment, out-of-pocket costs, lost wages, and other incurred losses.
You have a legal right to hold negligent parties liable for their misconduct. Class action and mass tort cases often involve drug manufacturers, and other big companies people rely on for consumer products and goods. These companies often provide the public with dangerous products they know could cause someone harm.
The Florida mass tort and class action attorneys of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. have represented clients like you since 1978. We have the experience and resources to handle your case effectively and reach your desired outcome. When you hire us, we will fight for the justice you deserve and pursue the maximum compensation possible. We will be in your corner throughout the entire process to advocate for your rights and help you get on the road to recovery.
For a free consultation, call Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. at 561.689.8180 and learn about your legal options for filing a class action or mass tort lawsuit.
What Is a Mass Tort?
The legal term “tort” refers to a case that involves an injury caused by someone’s negligence. The victim could file a lawsuit if their injury resulted from another party’s wrongdoing. However, multiple people could pursue a mass tort case if they all sustained similar injuries under the same circumstances.
Many people use mass tort and class action interchangeably. Although both cases work towards the same goal, they are different in many ways.
A mass tort combines multiple lawsuits into one legal action to bring before one judge. However, everyone involved in the case works individually on the parts unique to their situation. If there’s a favorable outcome, each plaintiff can decide if they want to seek additional compensation or negotiate for a settlement. The clients in a mass tort case don’t split the monetary award equally. The money every plaintiff receives depends on the circumstances of their particular situation.
Common Types of Mass Tort Cases
A range of scenarios can arise that qualify injured victims to join a mass tort lawsuit. The most common include:
Although the U.S. Food and Drug Administration regulates the manufacture and sale of pharmaceutical drugs, there isn’t enough oversight to prevent dangerous medications from ending up on the market. Unfortunately, some contain carcinogens and other toxic substances, making them dangerous for users to take.
Examples of recalled drugs and ones still on the market that could qualify for a mass tort case are:
Explosions are catastrophic incidents that can cause severe injuries and death. Survivors are left with physical scars and psychological trauma. Explosions like this typically result from companies failing to maintain equipment or workers mishandling flammable substances. They often happen at places like oil rigs, chemical plants, and refineries.
Being exposed to toxic chemicals poses a significant risk to a person’s health. You might not immediately realize you have been exposed until years later when you develop cancer or another medical condition. Workers in certain industries, such as construction, maritime, and oil mining, are at a higher risk of exposure. Common chemicals involved in mass tort lawsuits are:
- Petroleum products
We are also investigating Camp Lejeune water contamination lawsuits.
Train accidents happen for many reasons. Most are the result of human error. Examples of scenarios that cause death and injuries to multiple people include:
- Broken or worn switch points
- Defective train parts
- Traveling at excessive speeds
- Train operator error
Passengers on airplanes, helicopters, and other aircraft can suffer injuries from dangerous conditions or someone’s negligent actions. Mass tort lawsuits often arise from common aviation accidents, such as:
- Unsecured fallen luggage
- Poor maintenance of the aircraft
- Insufficient fuel
- Miscommunication between air traffic control and the pilot
- Malfunctioning equipment
- Inadequate preflight inspections
Some products contain defects due to a poor design, error during manufacturing, or lack of adequate warning labels. These defects prevent the product from working as intended, leading to injuries and fatalities. Products commonly included in class action cases are:
- Talcum powder
- 3M earplugs
- Firefighter foam
- JUUL and other e-cigarettes
Defective Medical Devices
Medical devices patients rely on to manage the symptoms of medical conditions and improve their quality of life can do more harm than good. Mass tort lawsuits could involve injury, illness, or death caused by defective devices, such as:
- Hernia mesh
- Metal hip implant
- Penumbra catheter
- IVC filter
- Cardiac defibrillator
These are the most common types of mass tort cases, but this list does not include every possible scenario that can lead to multiple injuries or fatalities. If you believe you’re eligible to file or join a mass tort lawsuit, you should reach out to Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. immediately to discuss your legal options for pursuing compensation.
What Is a Class Action?
One or several people together can file a class action lawsuit on behalf of a group (class) injured by the same party and suffering similar losses.
It’s necessary to follow various steps to proceed with a class action. They are as follows:
- Enough people must have been harmed by the same party to pursue a case together instead of individually.
- One or a few people named in the lawsuit can represent everyone in the class.
- Anyone able to participate in the class should receive notification about the lawsuit and have the opportunity to opt-out or join.
- Injuries suffered by the representative should be the same or similar to the class members.
- The named plaintiff must show that their experience with the at-fault party represents everyone involved in the class.
Pursuing a class action case can make the process much easier for the plaintiffs. Instead of seeking compensation alone, you can include your specific set of circumstances in one legal action. Costs are also significantly lower because many people contribute to the legal fees and other expenses instead of one person footing the entire bill alone.
Common Types of Class Action Cases
The most common situations that could qualify you for a class action lawsuit include:
Unfair Employment Practices
When someone employs you, there is typically a signed agreement between you and your employer outlining your job responsibilities, salary amount, available benefits, and other important information. If someone violates your rights at work, you could pursue legal action. Often, multiple employees have suffered similar mistreatment, and you could join each other in a mass tort lawsuit. Common examples of unfair practices include:
- Unpaid wages, overtime, and business expenses
- Safety violations
- Failing to provide breaks
- Withholding benefits
- Wrongful termination
Consumer Class Actions
Consumers can face mistreatment from companies involving unfair and illegal practices. The most common are:
- Illegal debt collection procedures
- Charging unauthorized fees
- Breach of personal information held by a company
- Overcharging for a service
- Deceptive loan practices
- False advertising of a product
- Assessing unfair late fees for late or missed payments
Product liability involves holding a manufacturer or another responsible party liable for placing dangerous products in the hands of consumers.
- Dangerous drugs
- Toxic chemical spill
- Recalled vehicle or parts
- A fire caused by a faulty household appliance
- Defective medical device
- Harmful substances in cleaning products
Defects occur when the manufacturer, design team, supplier, distributor, or someone else in the production line makes a mistake, creating an inherently dangerous product.
Compensation Available in a Mass Tort or Class Action Case
A person or company’s negligence can cause physical, emotional, and financial losses in any situation. The losses you suffered will depend on the circumstances of your case. For example, if a defective product injured you, you probably incurred different costs from medical treatment and time away from work.
The compensation you receive could cover past and future losses, such as:
- Medical bills
- Pain and suffering
- Lost wages and future earnings
- Emotional distress
- Damage to personal property
- Loss of enjoyment of life
- Physical impairment or disfigurement
If the at-fault party’s actions were particularly egregious, you could also seek punitive damages. Instead of compensating you for your losses, this award punishes the defendant for their misconduct and aims to deter similar behavior in the future. State law requires that you provide the jury with clear and convincing evidence of the defendant’s gross negligence or intentional misconduct to receive this monetary award.
Contact Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. Today
If you have been injured due to a faulty or dangerous product, you might be entitled to compensation from a mass tort or class action lawsuit. You should call Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. immediately to discuss what happened and determine the next steps you should take. We know the long-term consequences you can face when another person or company harms you. We believe in fighting for those wronged by others and securing a favorable jury verdict, so you can recover and get your life back on track.
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