A “tort” is any harm one person does to another. Torts are civil cases, meaning that an individual brings a case against another individual seeking financial compensation for the harm done to him or her. This is opposed to criminal cases, where the state seeks to punish a person for his or her behavior against an individual or community by putting the offender in jail or assessing a fine. Some acts are both torts and crimes. The best example is wrongful death and murder. An individual can sue someone (think of OJ Simpson) for the wrongful death of a family member, and the state can prosecute that same person for murder. Because the burden of proof is considerably different between a tort and a crime—a “preponderance of the evidence” or 51% for torts and “beyond a reasonable doubt” or 99% for crimes—it is not uncommon for someone to be found not guilty of a crime yet be found responsible for a tort. Sometimes a person or company hurts numerous people in the same way. In these cases, it is possible to turn a single tort into a “mass tort.”
If you or a loved one was injured or killed as a result of another person or company, you will need to have experienced counsel help you attain your fair share of compensation for your injury, loss of income, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.
Is Your Injury Claim Suitable for a Mass Tort Action?
Mass torts actions are brought on behalf of a large number of people who have been harmed by a single person or company in the same way. Mass torts are different from “class action” lawsuits in that in a mass tort the number of people harmed is large but known. Each plaintiff will have his or her case and, potentially a trial, against a common defendant. In a class action, the number of people harmed is also significant but is often so large that it is unknown in size. In a class action, a defendant or group of representative defendants brings the tort claim on the larger group’s behalf.
Certain types of claim lend themselves to mass tort litigation. Mass torts are usually filed against large corporations, institutions, or government entities. Recent examples include sexual abuse cases against the Roman Catholic Church and the Boy Scouts of America and claims against B.P. for the Deepwater Horizon Oil Spill. Generally speaking, the following types of claims are well suited for mass torts because of the harm is definitive and the number of people harmed is usually large: Pharmaceutical and medical device claims, consumer product claims, and environmental claims. Each one of those types of harm can be repeated numerous times across a large population; for example, if your chainsaw malfunctioned and cut your arm severely, it is likely that similar chainsaws malfunctioned similarly across the U.S. population.
What Should You Do If You or a Loved One Has Been Injured in an Accident?
Has another person injured you? Whether it is a single tort or mass tort, I understand that it’s important to you. If you or a loved one was injured in an accident of any kind, you should seek medical attention immediately and contact an experienced personal injury attorney. Let experienced counsel take care of preserving medical records, attaining expert opinions, and dealing with the defendant’s attorneys. These are essential tasks that only a personal injury attorney can handle for you.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury. Contact us now at (601) 790-1505.
