How Does a Mass Tort Settlement Work?

When you are told that you could join a multi-district litigation because you have a mass tort case, your hopes may go up because you read about a million dollars in settlements. However, your lawyer will explain that no mass tort settlement is similar to another even in the same case.

Since there is so much confusion about how these legal actions against companies end and how much plaintiffs can recover, the mass tort lawyers at Rueb Stoller Daniel will explain the process in detail.

What Types of Damages Can You Recover in a Mass Tort Case?

A mass tort represents an act of negligence that causes harm to a large number of people. As such, the legal principle of a mass tort case is the strict liability of manufacturers who market defective, dangerous or unsafe products.

A plaintiff in a mass tort lawsuit will be able to recover the same damages available in a personal injury lawsuit:

  • Medical care costs
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Loss of quality of life
  • Loss of consortium

Plaintiffs who have won millions in a mass tort settlement are likely severely ill or dying and their ongoing medical and nursing care costs are very high.

In Mass Tort Cases, Damages Are Evaluated Individually

One issue that many potential plaintiffs ask about is if everyone gets the same amount at the end of a mass tort lawsuit. This is what happens in class action lawsuits. The main advantage of a mass tort is that each plaintiff has their individual damages taken into consideration.

Thus, even if a group settlement is offered, all plaintiffs’ attorneys must agree with the portion that their client would receive. If no understanding can be reached, then the offer will be likely rejected.

Many Mass Tort Cases Settle Out of Court

Getting a mass tort settlement awarded by a judge is not the best option. These types of lawsuits can take years and be very expensive. Large corporations fight these cases tooth and nail to protect their reputation and the value of their shares.

In turn, your mass tort attorney would have to access costly resources, such as expert witnesses and private investigators. This is why lawyers try to get an acceptable out of court settlement with the defendants.

settlement offers can be rejected by the judge

The Judge Can Reject a Defendant’s Offer to Dismiss the Case

After losing a few bellwether lawsuits, many defendants will offer a global settlement to dismiss the case and prevent any future lawsuits. This is where the judge has the last word.

In a famous example, the judge in the Roundup mass tort case rejected Bayer’s offer to settle all future cases for $2 billion. The judge pointed out: “Bayer […] is a massive, wealthy company and it continues to make money specifically from Roundup sales.”

The Distribution of Settlement among Plaintiffs

If a mass tort settlement offer is accepted, it now comes to each attorney to obtain a fair share for their clients. As explained at the beginning of the article, you can recover actual economic damages and non-economic damages evaluated based on the severity of the harm you suffered.

Having a skilled lawyer is essential to make sure that you get fair compensation for your damages. Once the mass tort lawsuit settles, you do not have the right to pursue the defendant in an individual legal action.

Talk to an Experienced Mass Tort Lawyer About Your Case!

If you feel that you are eligible to join a mass tort lawsuit, consult with an attorney who specializes in such cases. At Rueb Stoller Daniel, you will find an experienced mass tort lawyer with a proven track record, both in court and in settlement negotiations.

Bring all the evidence to support your claim and find out if you have a valid case. We offer each new client a free case evaluation, so call us today at 1-866-CALL-RSD!