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Charlotte Mass Torts Attorney
Advocating for Victims Harmed by Defective Drugs or Products
When a dangerous drug or product causes harm, it often affects multiple individuals. Seeking compensation from a large company as an individual can be impractical and challenging. In such cases, multiple parties with similar injuries have the right to come together and pursue legal action against the responsible entity, typically a corporate manufacturer.
At Shane Smith Law, we are dedicated to assisting injured victims in seeking justice and recovering compensation. Our team of Charlotte mass tort lawyers utilizes our firm's comprehensive resources to handle complex, high-stakes cases, ensuring that our clients receive the representation they deserve. We thoroughly assess your situation, guide you through available legal options, and connect you with reputable treatment providers while we work on your case.
What Is a "Mass Tort"?
An individual "tort" refers to a civil wrongdoing that warrants legal action to secure compensation for the plaintiff's injuries and related losses.
In the legal world, a "mass tort" is a class action lawsuit that is brought against a company or a group of companies for a product or service that has caused harm to a large number of people. In some cases, a mass tort can be brought against a government entity or public entity for failing to properly maintain a public area or a public structure that has caused harm to many people.
In a mass tort, multiple plaintiffs with similar grievances collaborate to take legal action against the responsible party. This collective approach is beneficial when an individual lacks the resources to pursue a lawsuit independently.
Class Action vs. Multi-District Litigation
Mass torts are commonly filed as either class actions or multi-district litigation, determining how the plaintiffs are treated and the potential recovery amount.
In a class action, the plaintiffs are consolidated into a single class, represented by one or several plaintiffs and a dedicated legal team. People affected by the defendant's actions, often individuals who used the defective drug or product, can join the class action. Any awarded damages are divided among the class, and participants who accept their share of the settlement cannot pursue individual legal action.
In multi-district litigation, each individual retains their own trial and the possibility of receiving damages. Pre-trial proceedings are combined and handled in a single court, after which each case is returned to the relevant court. Compared to class actions, multi-district litigation offers a higher likelihood of obtaining greater compensation. However, participants are required to file their own claims, retain their own legal team, and prove their individual cases.
Determining whether to pursue a mass tort as a class action or multi-district litigation depends on the number of affected plaintiffs and the nature and extent of their injuries. Our mass tort attorneys in Charlotte can provide guidance to help you make the most advantageous decision.
The Role of a Mass Torts Attorney in Charlotte, NC
In order to win a mass tort claim, you will need the help of a qualified mass torts attorney. At Shane Smith Law, we have the knowledge, skill, and resources to effectively represent our clients in these complex cases.
When you hire our firm to represent you, you can rest easy knowing that we will handle the complex legal issues involved in your mass tort claim. We will fight for you and your rights, and we will work to ensure that you are fairly compensated for your injuries. We are proud to fight for the rights of accident victims in Charlotte, North Carolina, and the surrounding areas.
Who Can Be Held Liable in a Mass Tort?
In cases involving defective drugs or products, the manufacturer is often held responsible for the harm caused. Depending on the case's specifics, other parties may also be liable for injuries. Potentially liable entities could include the manufacturers of raw materials or components used in the defective product, the parties responsible for marketing it, the wholesaler, and the retailer(s) who sold the product to the affected plaintiffs. We conduct thorough investigations to determine the parties that can be held accountable for the defect.
Types of Damages Recoverable in a Mass Tort
Product liability lawsuits are subject to each state's statute of limitations. To recover damages through a mass tort action, it is crucial to initiate the legal process before the applicable deadline. Delaying too long can result in being barred from seeking compensation, so it is advisable to seek legal advice promptly.
Our Charlotte mass tort attorneys strive to recover compensation for all relevant economic and non-economic damages, including:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental distress
The type of mass tort case pursued affects the recoverable damages.
- Class action: you accept a portion of any awarded settlement shared among the class.
- Multi-district litigation: the award is linked to your specific damages, potentially allowing for higher compensation.
Our team can provide a detailed overview of what you can expect to recover and advise on the most beneficial approach.
If you're unsure about eligibility to join an existing mass tort lawsuit in North Carolina, please reach out to us online or call (980) 246-2656 to explore your legal options.
Types of Mass Tort Cases We Handle
Our mass tort lawyers handle cases involving:
- Defective drugs: If a drug causes unintended and dangerous side effects that the manufacturer did not anticipate or warn the medical community or consumers about, affected individuals likely have a valid claim.
- Defective products: A product can be inherently defective due to its design or manufacturing process. Inadequate instructions on safe usage can also render a product dangerous.
- Toxic contamination: When a large group of people experiences adverse effects after exposure to a hazardous contaminant in a product or location, such as a rented home or workplace.
- Hernia mesh: Hernia mesh is a medical device used in certain surgeries. Many patients suffer painful complications, including infections, adhesion, and bowel obstructions. Additional surgeries are often required to reverse or mitigate the damage. The frequency of these adverse outcomes has resulted in numerous mass tort actions against hernia mesh manufacturers.
- Roundup: Numerous individuals who developed cancer after using Roundup, a popular weed-killing product, have won substantial damages. Thousands of lawsuits, many pursued as multi-district litigation, have been filed across the country.
- Zantac: Zantac products containing ranitidine were found to contain unsafe levels of NDMA, a substance linked to various cancers. An ongoing class-action lawsuit has been initiated against the product's manufacturer.
How Are Mass Torts Different From Personal Injury Claims?
A mass tort action falls under the umbrella of personal injury litigation. Both legal processes aim to hold negligent parties accountable and provide compensation to victims for their injuries.
A personal injury claim involves a single plaintiff who can file a lawsuit against the manufacturer of a defective drug or product, along with other potentially liable parties. However, corporate organizations often possess extensive legal resources, making such cases overwhelming for individual plaintiffs, even with an excellent legal team.
Mass torts empower personal injury victims to unite and combine their resources. In a class action, several plaintiffs advocate for all potentially affected parties, while multi-district litigation allows individuals to retain control over their own claims.
Both approaches enable plaintiffs to share research, including information discovered during the discovery process and the valuable testimony of relevant experts. In an individual personal injury case, you and your legal representatives are solely responsible for handling every aspect of the case.
Why Choose Shane Smith Law?
The track record of Shane Smith Law speaks for itself: We have settled over 10,000 claims and earned the trust of countless clients. In addition to pursuing justice and securing the compensation you deserve, we are committed to ensuring you receive access to quality treatment to aid your recovery. While you focus on recuperating, our mass tort attorneys will utilize our extensive resources to pursue the best possible outcome for your case.
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