What Is A Mass Tort?
A mass tort is a lawsuit that lets a group of plaintiffs combine the cases of many different people who were hurt by the same defendant. For example, when a drug manufacturer sells a medication that has harmful side effects, everyone harmed by that drug can often be compensated for their injuries. This might include medical bills, lost wages or pain and suffering.
Justinian & Associates is an Austin personal injury firm with highly experienced mass tort lawyers on staff. We have represented thousands of mass tort victims of:
Mass tort litigation cases require focus, preparation and commitment to the client and to the cause. When you’re at your most vulnerable, you need trusted legal guidance to protect you from every possible variable.
What is a Tort?
A tort is a legal violation of someone’s rights under civil law (as opposed to criminal law.) For example, a person or company can commit both the crime of assault, and the civil tort of assault.
The person or company who commits a crime or tort is known as the defendant.
A Crime is Addressed By the Government’s Prosecutor
The prosecutor charges the defendant in criminal court. The prosecutor can ask the court to punish the defendant with:
- Criminal Fines
- Penalties like Losing an Occupational License
- Restitution like Community Service
- Ongoing Monitoring like Probation or Drug Testing
A Tort is Addressed By the Person Who was Injured, Known as the Plaintiff
The plaintiff files a lawsuit in civil court. The plaintiff can ask the court for a:
- Money judgment against the defendant to pay for the plaintiff’s injuries
- Court order that the defendant must repair the plaintiff’s damage
Why To Hire an Austin Mass Tort Lawyer
Lawsuits Can Be Expensive On Your Own
It can be expensive to undertake a lawsuit. There are court filing fees, discovery costs, travel expenses and expert witness fees.
With a Mass Tort lawsuit, a single personal injury mass tort attorney can represent a group of plaintiffs at the same time. That way a group of plaintiffs who were all injured by the same person or company can pool their resources. This spreads the lawsuit’s cost, and may allow plaintiffs to have a higher recovery than if they pursued the case alone.
Mass Tort Lawsuits can be Complicated
Mass Tort Lawsuits Often Involve a Mix of State and Federal Laws
Many personal injury lawsuits involve state laws. These laws establish when an injured party can sue for a tort, and how much they can recover. State court laws determine what evidence a plaintiff or defendant can use.
But the airline industry is governed mostly by Federal laws, for example safety regulations by the Federal Airline Administration (FAA).
Similarly, most medicines and pharmaceutical drugs are regulated by the Food and Drug Administration (FDA), which operates under Federal law.
A plane crash or an unsafe medication that harmed people would involve a mixture of state and federal laws and jurisdictions. Knowing exactly which one applies can be tricky.
Mass Tort Lawsuits Usually Involve Complex Facts
People injured in an airline accident might have to prove the plane crash was the result of someone’s negligence. This could require engineering experts to explain the plane’s exact mechanical failures.
With a mass tort lawsuit, an expert witness only has to explain why the plane crashed one time. A group of plaintiffs injured by the accident can all use the expert’s testimony to recover together.
Many Lawsuits Require Extensive Legal Research
One thing about all lawsuits: they involve a lot of documents.
Complaints, replies, affidavits, motions and evidence all must be researched and written to submit to the court.
Mass torts allow a single Austin personal injury attorney or law firm to do the work for dozens, hundreds or even thousands of plaintiffs at the same time, so that the legal arguments made for one case can apply to the others.
At Justinian & Associates, our experienced personal injury attorneys and investigators have represented thousands of plaintiffs together in mass tort lawsuits. From research to arguing in court, we are warriors for the injured, fighting for those who cannot always fight for themselves.
Injured Parties Should Also Be Represented in a Negotiation
Some lawsuits are cut and dry. When they are, the defendant who hurt other people (or the defendant’s insurance company) will usually offer the injured plaintiffs a settlement. That settlement offer usually is delivered by a lawyer.
But the defendant who injured you, and their insurance company, do not have your best interests as their goal. That’s not their job.
You deserve to have an attorney that looks at all the laws and facts from your perspective. That’s our job. We put your interests first in the negotiation. We never push you to accept a settlement, or to file a lawsuit. You call all the shots.
A Group of Davids Can Defeat a Goliath
In mass tort litigation, the injured victims are often going up to bat against some big players like pharmaceutical companies and large manufacturers.
To say that these types of corporations have lawyers is an understatement. Their lawyers have lawyers (known as outside counsel.)
These companies know that most individuals injured by their products will have a difficult time bringing a lawsuit. Lawsuits are expensive, with a dizzying list of costs, including:
- Court fees
- Legal research and writing
- Obtaining medical records
- Expert witnesses
- Visual Aids
But there is power in numbers. A group of injured individuals can work together to file a mass tort lawsuit.
By banding together, the injured mass tort victims reduce the costs of the lawsuit, so the personal injury law firm can take on the risk.
When these injured individuals tell their collective story together, it is a lot harder to ignore. Suddenly the company that injured them will listen.
We are Warriors for the Injured
Justinian & Associates Was Founded to Help Injured Victims of Mass Torts
The founder of our law firm is Justinian Lane. Like all our attorneys, Justinian is driven first by personal experiences with injustice. In Justinian’s case, those experiences were connected to mass tort law.
Several of Justinian’s family members died because of asbestos exposure, as well defective prescription drugs. The painful experiences Justinian went through have given him a unique perspective on the needs of those who come to his firm.
It has fueled his passion for this area of law.
He understands that the playing field isn’t always even. And he knows the stakes. That’s why all the Austin personal injury attorneys Justinian recruits are driven by the same desire to help victims in need.
We Have the Knowledge and Resources to Take On Bigger Adversaries
Justinian & Associates has battled bullies (and won) many times.
Our Austin mass tort attorneys know law and process, front to back.
Our firm is equipped with the most advanced technology available.
Prior to founding this firm, Justinian Lane spent ten years working in the technology sector. He uses that experience to make sure the lawyers at this firm are equipped with the best tools possible to do their job.
From case management to the courtroom, our attorneys use the most advanced technology available to even the playing field. That’s why we have defeated many multibillion-dollar legal armies.
And on the battlefield, they are supported by a trained staff of investigators and legal researchers.
Justinian & Associates has a Pharmacovigilance Specialist on-hand
A pharmacovigilance specialist constantly researches the latest medical literature. Our staff specialist keeps the pharmaceutical law team apprised of up-to-date and groundbreaking cases and findings.
We also maintain an extensive database of the Food and Drug Administration’s rulings and information. So we have a lot of information on hand that other attorneys have to go looking for.
Justinian Means Justice. And everyone at Justinian & Associates is focused on delivering justice to our injured clients, whatever that means for them.
We believe in our knowledge and skills, so we work on contingency. That means no matter how much work we do, we only get paid if our clients receive compensation.
We offer a free consultation with one of our experienced mass tort attorneys (not a “screener” or paralegal).
If you were injured by a medication or product, then call, text or email us to set up an appointment. If you are injured, we will come to you, wherever is convenient.
Tell us your story, and we will explain your options under the law. We can see if the product you consumed is in our database. You may not be the only one who was injured. And we can help you find out.