If you have suffered an illness or injury due to a dangerous or defective product or service, you are not alone. If your injuries could have been avoided, you may be eligible to pursue compensation in a mass tort lawsuit against the company or business that manufactured or sold the product.
If you were harmed by a dangerous drug, medical device, or other defective product, it is important to know your rights. The experienced mass tort lawyers at O’Connor & Partners, PLLC understand the hardships faced by injury victims, and we are committed to helping you pursue the full and fair compensation to which you are entitled under the law.
Don’t face your injuries alone. Contact O’Connor & Partners, PLLC today online or at (845) 303-8777 for a free case evaluation. Our accomplished firm serves the Hudson Valley area, including Kingston, Newburgh, and Poughkeepsie, New York.
Examples of Mass Torts We Handle
There are countless ways in which a negligent company’s defective product or service can cause harm to consumers.
Examples of the types of cases O’Connor & Partners, PLLC can assist with include:
The first step toward achieving justice through a mass tort claim is to contact our office for a free case evaluation. During your initial meeting with our attorneys, we will listen to the details of your story, assess the merits of your claim, and explain your rights and legal options.
What Is a Mass Tort?
A wrongful act that causes harm to another person is called a tort. Mass torts are wrongful acts that harm multiple people. These types of wrongful acts are usually committed by large companies and involve faulty prescription drugs, medical devices, and other products.
In a mass tort claim, multiple plaintiffs come together to file civil actions against one defendant.
By joining a mass tort lawsuit, plaintiffs can increase their chances of recovering damages from the company, business, or entity that caused their injuries and subsequent physical, emotional, and financial losses.
Although the victims in a mass tort claim may have been affected in different ways and to varying degrees, they share a common thread in that a single product, immoral deed, or other civil disservice caused them harm.
What Is the Difference Between Mass Torts and Class Actions?
Both mass torts and class actions involve multiple plaintiffs who have been harmed by a negligent party. While similar in certain respects, class actions and mass torts differ in the way that the plaintiffs involved are treated.
- Mass torts: Each plaintiff in a mass tort has an individual claim. While the plaintiffs involved may experience similar injuries, the extent of the damage is assessed on an individual basis. Mass torts typically result in larger verdicts and settlements than class actions.
- Class actions: Each claimant in a class action lawsuit is part of a collective that must prove negligence, and plaintiffs are represented as a single group. Every claimant in a class action claim must share the same injury or loss. An example of a class action lawsuit could be when a data breach affects many individuals simultaneously, in the same way.
Multidistrict Litigation (MDL) and Mass Torts
Mass torts often follow legal proceedings called multidistrict litigation (MDL). This consolidates multiple claims and brings them before one federal judge. The judge then appoints a group of lawyers to be known as the plaintiffs’ steering committee (PSC), who gathers evidence for the claimants and presents their case. Although the MDL process can take years, it can lead to potential settlements for everyone involved in the mass tort. In some cases, the lawsuit value of other claims can be informed by the MDL process.
MDLs can help by:
- Gathering evidence for all individuals involved in a claim
- Determining the value of the case
- Assisting claimants in the decision to settle or seek further damages
While individuals sometimes elect to accept settlements that arise from MDL process, they can also choose to hire a law firm to present their individual case and pursue compensation that extends beyond settlement offers. When seeking a law firm to represent your case, it is crucial to choose one that has the experience, knowledge, and resources necessary to protect your best interests and fight diligently on your behalf for the maximum compensation you need to move forward.
What Types of Damages Are Available In a Mass Tort Case?
If you suffered an injury because of a dangerous or defective product, you may be eligible for compensation through a civil lawsuit against the company that sold or manufactured the product. If your case is combined with others in a mass tort lawsuit, know that you still have individual rights.
Depending on the circumstances and details of your unique claim, you may be entitled to recover damages for your:
- Current and future medical expenses
- Lost income
- Diminished earning capacity
- Nursing care, rehabilitation, and counseling
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
- Emotional distress, including depression and PTSD
In the most tragic cases, a company’s product, service, or actions can result in death. If you lost a loved one due to the negligence of a business or individual, you may also be able to recover compensation for end-of-life damages like funeral costs, burial expenses, and more.
What Are the Benefits of a Mass Tort?
When multiple individuals have been injured by a defective product or dangerous drug, mass tort lawsuits are an effective way to achieve justice. By consolidating your claim with similar ones, a mass tort can benefit your case by:
- Streamlining the legal process
- Ensuring each case includes all applicable arguments
- Demonstrating the full extent of the harm caused by the negligent party and building your strongest case
- Providing you with the best opportunity to recover the maximum compensation to which you may be entitled under the law
- Helping to drive change that prevents similar injuries in the future
What is the Statute of Limitations for Mass Torts?
Although mass torts are frequently combined in an MDL in federal court, the individual cases are first subject to state law. This means that if a defective medical device or dangerous drug harmed you in Kingston, New York state law would apply.
Product liability claims are generally subject to a three-year statute of limitations in New York. So you will usually have three years from the date you discovered your injury or learned about the defect to file a claim.
How Can a Lawyer Help My Mass Tort Case?
O’Connor & Partners, PLLC has helped clients throughout New York in a wide range of personal injury matters. We will work diligently to present the strongest case possible on your behalf.
A mass tort litigation lawyer can help your case by:
- Investigating your case and gathering evidence to support your claim
- Evaluating documents provided by the defendant
- Preparing and filing your lawsuit
- Hiring medical experts to testify in your case
- Attend court proceedings to address pretrial issues and other legal concerns
- Handle every aspect of your case from start to finish
If you’ve been harmed by a defective product in New York, O’Connor & Partners, PLLC can help. During your free initial consultation, we will listen to your side of the story, evaluate the facts in your case, and explain your rights and legal options.
Talk to a New York Mass Torts Attorney Today For Free
If you or a loved one have been injured by a dangerous drug, faulty medical device, or other defective product, contact a Kingston mass torts attorney at O’Connor & Partners, PLLC today online or at (845) 303-8777 for a free, no-obligation case evaluation. Our firm proudly serves the Hudson Valley area, including Kingston, Newburgh, and Poughkeepsie, New York.