Albany Mass Torts Lawyer

Mass torts are an effective legal option for multiple plaintiffs to seek compensation. They’re most often filed against government entities and large corporations. They’re similar, but not exactly, like a class action.

The Morelli Law Firm has helped many people who have suffered personal injury due to these groups. We’re trial lawyers who are not afraid to stand up for the public in New York or Federal court.

Our Albany mass tort lawyers can help you seek justice when the opponent seems too large to tackle. Find out your options. Contact our personal injury lawyers in Albany for a free consultation.

What Exactly Is a Mass Tort?

When an institution commits an act or behavior that causes injury to many people, a mass tort case allows many individuals to pursue their own specific damages while suing one entity as a whole.

This is different from class action cases where almost everyone in the class will get the same outcome in the case. The wide range of medical expenses and types of injuries make treating everyone the same unjust in these cases.

Mass torts are complex litigation and one of the most challenging personal injury claims. However, winning a mass tort can achieve a great deal of justice for many people.

Three Kinds of Mass Torts

Mass torts are preferred when many individuals experience the same situation but have dramatically different side effects or losses. Mass tort cases generally fall into three categories.

Mass Toxic Tort Cases

This involves a group of people who were exposed to toxic substances. This may happen at work, at home, or even just being out in public.

Harmful chemical injuries can take years to manifest following exposure, like the damages caused to Vietnam veterans exposed to Agent Orange during their service several decades ago. This makes toxic chemical liability tricky to prove and harder to litigate. Some examples of toxic chemicals cases include:

• Industrial chemicals exposure
• Industrial pollutant disposal
• Lead-based paint exposure
• Pesticides, such as Agent Orange
• Asbestos cases

Product Liability Mass Torts

In this case, people are harmed by defective products, defective drugs, or faulty medical devices. Mass tort litigation is preferred in these cases since the severity of injuries can vary from person to person.

There are three ways a product can be defective:

• Manufacturing Defects – The product has somehow departed from its intended function at any point during the manufacturing process, like drugs that have been tainted.
• Marketing Defects – The product lacked warnings of intended consequences or there was false advertising or something else incorrect or omitted from labeling.
• Design Defects – Inherent design flaws, such as a hair dryer that catches fire or defective drugs that cause harm.

Mass Disaster Torts

Man-made accidents that create widespread harm are also reasons for mass tort cases. Some examples of disasters that have resulted in mass tort civil actions include:

• Apartment fires
• Explosions at manufacturing plants
• Train derailments
• Commercial jet crashes
• Oil spills from commercial petroleum companies

In these catastrophic incidents, each person suffers different losses and injuries but a common responsible party is usually responsible for the disastrous incident.

Proving Liability in Mass Tort Cases

Establishing liability in a mass tort case can be complex, but it’s crucial for securing the compensation you deserve. At Morelli Law Firm, our Albany mass tort lawyers have extensive experience in proving liability against large corporations and entities. Here’s what you need to know:

Elements of Liability in Mass Torts

To prove liability, we must typically demonstrate:

• Duty of care: The defendant owed a duty to act responsibly towards the plaintiffs.
• Breach of duty: The defendant failed to fulfill this duty.
• Causation: This failure directly caused harm to the plaintiffs.
• Damages: The plaintiffs suffered measurable harm as a result.

Gathering Evidence

Proving these elements requires substantial evidence. We may collect:

• Internal company documents
• Expert testimony
• Scientific studies
• Witness statements
• Medical records

Challenges in Mass Tort Cases

Mass tort cases often face unique challenges:

• Multiple plaintiffs: Each plaintiff may have different circumstances and injuries.
• Complex causation: Linking the defendant’s actions to widespread harm can be difficult.
• Powerful opponents: Defendants are often large corporations with significant resources.

Strategies for Proving Liability

To overcome these challenges, we employ several strategies:

• Collaborative efforts: We may work with other law firms to share resources and information.
• Expert witnesses: We consult with medical, scientific, and industry experts to build a strong case.
• Bellwether trials: These initial trials help establish patterns and precedents for the larger case.

The Role of Scientific Evidence

In many mass tort cases, scientific evidence is crucial. We may need to demonstrate:

• How a product or substance causes harm
• The extent of contamination in environmental cases
• The link between exposure and specific health issues

Demonstrating Widespread Impact

To establish a mass tort, we must show that the defendant’s actions affected a large number of people. This might involve:

• Mapping the spread of contamination
• Analyzing sales data for defective products
• Compiling medical data from multiple sources

Proving liability in a mass tort case is a team effort. Your participation and documentation can be crucial to reaching justice. Contact a personal injury attorney if you suspect your case should be part of a mass tort.

What Is the Difference Between a Mass Tort and a Class Action Lawsuit?

As with class actions, mass tort cases address the injuries of numerous people, can take years to resolve, and quite often result in financial settlements. A mass tort action does depart from the rules of a class action case in a few ways.

First, a class action requires you to waive your rights to further litigation if you are unsatisfied with the result. A class action also treats all the plaintiffs equally as though they were one single entity with the same damages.

In a mass tort case, your damages are assessed and awarded as opposed to a class action which provides equal amounts to each member of the class. A mass tort is designed so that each plaintiff has their claims assessed individually, so their specific damages can be fairly compensated.

Call Our Mass Tort Lawyers in Albany Today to Learn More About Your Options

Personal injury attorneys must possess a certain skill set to excel in the practice of mass tort law. These kinds of cases are more involved than traditional class actions and don’t follow typical legal procedures.

Morelli Law has returned remarkable rewards and settlements for people injured by negligence and defective products. Our class action lawyers have won thousands of claims for our clients.

Call us today to learn more and schedule a free case evaluation with our Albany mass tort lawyers. We can help you sort through the legal issues of mass torts and whether your case may be suitable for this type of litigation.