If you have been injured for any reason, Florida law may allow you to obtain compensation for medical bills, lost wages, and mental distress. Additional damages may also be available depending on the circumstances of your mass tort case. If you are planning on taking legal action after being hurt by a defective product or because you took a tainted medication, it may be in your best interest to contact a Florida mass tort lawyer today.
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How a Florida Mass Tort Attorney Help With Your Case
A mass tort attorney may be able to take several steps to ensure that your rights are protected throughout the legal process. For example, your attorney will likely make sure that your lawsuit is filed before the statute of limitations expires. Generally, you have four years from your injury to do so. However, the statute of limitations clock may toll if you were injured before reaching the age of majority or if you were mentally incapable of understanding your obligations under the law.
Legal counsel may also be able to review any documents related to your cases, such as medical records, letters from your insurance company, or correspondence with any other party. If you have yet to make a statement to your insurance company, an attorney may be able to walk you through the process of doing so without potentially undermining your legal position.
If you have received a settlement offer, your legal representative will be able to review it with you. In most cases, an initial offer is unlikely to be the best you’ll receive from a defendant. Therefore, it’s often in your best interest to move on to formal settlement talks or to a trial. However, if you do want to settle your case at any time, an attorney can walk you through the process of doing so.
Finally, your legal adviser will be able to explain what a mass tort settlement is and why it may be best to pursue such action in your case. A mass tort case involves several plaintiffs filing suit against the same defendant or defendants in one jurisdiction.
However, in such a scenario, each case is decided on its merits, which means that the size of your financial award will depend on your ability to provide strong evidence to verify your claims.
As a personal injury case is decided primarily based on the strength of the evidence you provide, it’s imperative that you provide your attorney with as much information as possible. If you don’t have access to medical records or other important documents, your legal adviser may be able to obtain them for you. An attorney may also be able to obtain video footage, photographic evidence, or any other records that may help bolster your claims.
Examples of Mass Tort Claims in Florida
If you were exposed to harmful chemicals at home, work, or anywhere else, you might have grounds to file a mass tort claim. Generally speaking, such a claim arises against a company that allowed chemicals to leak into the ground, flow into a source of freshwater or get into the air. You may also have an exposure claim if you were injured after handling abrasive chemicals or breathing toxic fumes.
A mass tort claim might also be levied against a company that made a defective toy, car part, or household appliance. You might have grounds for legal action if a device caught on fire because a battery got too hot or because of a faulty wiring system. It might also be possible to pursue a defective product mass tort claim if you swallowed a small part that was improperly secured to an object or if you were injured by a part that snagged your hair or skin.
If you used a medical device that malfunctioned despite being used correctly, you might benefit from pursuing a mass tort lawsuit. Examples of defective devices include mesh used to help a person heal from hernias and artificial parts inserted into your body during hip or other joint replacement procedures.
If you took a defective medication, you might be able to obtain compensation from the company that manufactured it. A mass tort claim might also be levied against a doctor who knowingly prescribed medication that would not treat your condition. Taking improper medication could result in severe complications and permanent injury or death. It’s also possible that taking improper medication could allow any ailments that you have to get worse as they remain untreated.
Although these are the most common reasons you might want to consider a mass tort, it is not an exhaustive list. Your attorney may be able to give you more insight into whether your case should be included in such a claim and the potential benefits of doing so.
Differences Between Mass Tort and Class Action Cases
There are many similarities between mass tort and class action cases, and it’s not uncommon for people to refer to these types of proceedings interchangeably. However, there are several key differences between the two that you need to know about before you decide to take legal action against the person or entity that hurt you.
A class action lawsuit is filed by one person on behalf of an entire class of plaintiffs who are taking similar types of action against a single defendant. For instance, let’s say that a car manufacturer installed defective brakes on a vehicle that was purchased by thousands of people before the issue was discovered.
In such a scenario, the facts of the case would likely be similar for all of the plaintiffs involved. Therefore, it would be easier for everyone involved to merge the cases into a single claim. Typically, the first person to file a lawsuit against the defendant would be named the lead plaintiff in the case and represent the class as a whole.
A single settlement would be negotiated that would cover everyone who chose to remain part of the class. Any damages awarded by a jury will cover the entire class if the case goes to trial. Those who don’t like the case’s outcome are usually free to opt out of the settlement and pursue their own claim. A person might also want to opt-out of the class if that individual feels that the facts in his or her case warrant a larger settlement.
Conversely, a mass tort case involves multiple individuals filing a lawsuit in a single jurisdiction. This can be beneficial because evidence obtained in one case may apply to your own matter. Therefore, obtaining a favorable settlement or jury award in less time may be easier because the bulk of your case may have already been laid out for you before stepping into the courtroom.
The simple fact that multiple people have filed a lawsuit against the same person or company may also make it easier to obtain a favorable outcome in your case. When a jury sees that a defendant has caused harm to so many people, it may feel like it has to send a message. This may be done by awarding the maximum possible settlement to defendants without the need to deliberate for days or weeks to reach its verdict. Alternatively, the prospect of a mass tort lawsuit may compel a defendant to reach a settlement in your case.
Don’t Hesitate to Learn More About Your Florida Mass Tort Case
Talking to an attorney today may help you learn more about the potential benefits of filing a mass tort case and how doing so might help you obtain the compensation that you deserve. In addition to compensation for any losses you have incurred, you may be entitled to compensation for future losses. These losses may include ongoing medical bills and lost future earnings if you are unable to remain employed because of a defendant’s negligent actions.
Your attorney will be able to go over the process of filing a mass tort claim and take certain actions on your behalf. This can help to ensure that your case is filed in a timely and appropriate manner. Generally speaking, even a single error could result in your case being dismissed before you have a chance to present your case to a jury.
Even if you are granted the ability to refile your case, doing so makes it harder to get paid promptly. It’s not uncommon for weeks or months to go by before an amended filing is heard by a judge. Ultimately, working with an attorney can help to streamline the process of holding defendants responsible for their actions.
Speaking With A Florida Mass Tort Lawyer For Your Case
Generally speaking, personal injury attorneys will review cases for free and will only be paid if you obtain a financial award. In some cases, attorney fees come out of any financial award that you receive from a jury. However, it’s also possible that legal fees will be awarded separately from any amounts obtained to pay medical bills or to compensate you for mental anguish.
During a consultation, you should feel free to ask questions about our track record and how we would go about handling your case. You should also feel free to ask about our fee schedule and when payment is due. A consultation with a Florida mass tort attorney typically takes about 30 to 45 minutes to complete, and there is no obligation to hire us. However, we will start working on your case immediately if you decide to use the firm to represent you in your personal injury proceeding.