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Mass Tort Lawyers in Las Vegas
Do you have a mass tort case against a defendant in Las Vegas, Nevada? If so, you probably have so many questions running through your mind. How exactly do you file such a case? What are the requirements? Is your case even valid?
These are just some of the many questions we constantly receive from individuals in the same position as you. For this reason, we have answered these frequently asked questions and many more in this article.
Morgan & Morgan
What Is a Mass Tort?
A mass tort refers to multiple lawsuits filed by many plaintiffs against a defendant (or multiple defendants) simultaneously. In such lawsuits, the plaintiffs usually claim compensation for injuries incurred due to the defendant's actions or inactions.
What Are Some Examples of Mass Torts?
Some examples of mass torts include:
- Mass disaster torts, such as commercial airplane crashes causing injuries to multiple plaintiffs
- Mass product liability torts, seeking compensation for different injuries caused by a defective product
- Mass toxic torts, seeking compensation for damages caused due to exposure to toxic chemicals and substances
Is Mass Tort the Same as a Class Action Lawsuit?
It is nearly impossible to discuss mass torts without mentioning class action lawsuits. This is because these two terms are often used interchangeably. However, a mass tort and a class action lawsuit differ.
To better understand the difference between the two, let's first begin by discussing their similarities. Both mass torts and class action lawsuits are usually filed by individuals injured by a particular defendant or group of defendants.
However, the key difference is how the two plaintiffs are treated. In mass torts, plaintiffs are treated as individuals, not a group (class), as is the case with class action lawsuits where plaintiffs are considered as one.
Are Mass Tort Claims Better than Regular Lawsuits?
It all depends on the specifics of your claim. This legal pathway works best in situations where there are similar cases of negligence against one or multiple defenders. It is usually much cheaper to file a mass tort claim in such cases than individual lawsuits against the defendant(s).
Because mass tort claims are usually filed by a large number of plaintiffs, defendants feel the pressure to settle or risk losing the case in court. This also eases the burden of proof on the plaintiff's side and the risks of taking the case to trial.
As mentioned earlier, individual plaintiffs have much more authority in mass tort cases when negotiating a settlement offer with the defendant. On the contrary, in class action lawsuits, the lead plaintiff usually negotiates the settlement with the defendant on behalf of other class members. Since mass tort claims give plaintiffs more authority over the negotiations, plaintiffs put their best interests first throughout the process.
How Do Mass Tort Lawsuits Work?
The mass tort process has four key stages, namely;
Filing a Claim
An experienced mass tort lawyer will fail a claim against the defendant. This step officially marks the beginning of the mass tort lawsuit process.
The second stage involves gathering information about the case. Examples of the information required at this stage include medical records, witness testimonies, relevant photos and videos, expert opinions, and anything that could potentially strengthen your case against the defendant.
The Las Vegas mass tort attorney will then take the case to trial in a federal court as multidistrict litigation. Depending on the nature of the case, a small section of the lawsuit might proceed as 'bellwether trials.'
There are usually two key ways to resolve mass torts and personal injury lawsuits: an in-court or out-of-court resolution. In most cases, plaintiffs prefer settling out of court because it is cheaper and faster. In-court resolutions may be necessary if both parties cannot agree on a reasonable settlement out of court. It is also preferred if either party refuses to cooperate throughout the process.
What Is Multi-District Litigation in Mass Tort Lawsuits?
Multidistrict litigation is when several cases from different parts of the country are transferred into one court. These cases usually have some similarities, such as a common defendant, evidence, injuries, etc.
What Is a Bellwether Trial in Mass Tort Cases?
As the name suggests, a bellwether trial refers to a trial held to “test the waters” and give everyone involved a rough idea of what to expect from similar cases. The term “bellwether,” in real life, describes a leading sheep of a flock, usually bearing a neck bell on its neck.
Do I Have a Valid Mass Tort Claim?
One of the best ways to determine whether you have a mass tort claim is by contacting an experienced mass tort attorney for a case evaluation. The attorney will review the specifics of your case and determine whether it is valid.
That said, you may have a valid mass tort claim if you suffered the same injuries as other plaintiffs caused by one or more defendants.
How Long Do Mass Tort Claims Take to Settle?
Mass tort claims could take a few months to several years to settle. Generally, the timeline depends on whether both parties are willing to settle out of court or want to pursue the case in court. As mentioned earlier, out-of-court cases are usually faster than in-court cases.
In general, mass tort claims take longer to settle than standard personal injury cases.
Some common factors that influence the duration of a mass tort claim include:
Complexity of the Case
The more complex the case is, the longer it could take to settle. Additionally, the plaintiff might need more evidence in such situations, which usually takes time and effort. For instance, the attorney might need to travel from state to state to interview witnesses and collect evidence, among other tasks required to build a strong case against the defendant.
Because mass torts usually involve several plaintiffs, the attorney will need to fill out complex paperwork on behalf of their clients. Remember, we mentioned earlier that the key difference between mass tort claims and class action lawsuits is that the former treats each plaintiff differently, not as part of a class. Therefore, when collecting paperwork for mass tort cases, the attorney must ensure that each individual's damages are well represented in the case.
The mass tort claim process could take longer if either party appeals the court's decision. In that case, the party that files the appeal will need to return with stronger arguments, which usually takes a considerable amount of time.
What Should I Look for in a Mass Tort Attorney in Las Vegas?
Since mass tort cases are complex, you need an attorney with certain unique characteristics to handle your claim. Here are some characteristics of a good mass tort attorney:
Because mass tort cases are very different from standard personal injury claims, having a general personal injury attorney is not enough. Rather, you need an attorney with experience handling mass torts or class action lawsuits.
Secondly, legal resources play a vital role in these claims. By now, you understand that such attorneys may need to travel to different locations, network with professionals from various fields, and incur other hefty expenses when building a strong case against the other party. For this reason, you need an attorney with access to powerful legal resources to pursue such a claim.
Remember that mass tort lawyers are usually paid on a contingency basis, meaning they only get paid if you win. Therefore, since you will not be paying for the investigations upfront and out of pocket, you expect the attorney to use their own resources to build a strong case.
If the attorney lacks powerful resources to fight for you, they will likely agree to settle for less than you deserve, that is if you are lucky enough. In some cases, they may not have the capacity to build any case at all but will not have the courage to inform you about it. Rather, such attorneys will keep running in circles with your case, denying you a chance to collect the compensation you need and deserve.
Thirdly, you need an attorney with a proven track record of winning. These kinds of cases usually attract huge settlement amounts, and the last thing you want is to work with an attorney who will get overly excited about settling rather than actually negotiating a reasonable settlement. Specifically, you need an attorney who has previously handled and won these cases and will not stop at anything when fighting for what you are entitled to — not just any settlement.
It is also important that you work with a mass tort lawyer ready to fight for you in court. Since most personal injury cases settle out of court, many attorneys lack courtroom experience. As a result, some attorneys would rather settle for a lowball offer than fight for you in court. Although settling out of court is usually easier, faster, and less expensive, you need a lawyer who will not settle for anything just to avoid facing the judge or jury.
What Damages Can I Claim in a Mass Tort Lawsuit?
The damages you may be able to claim will depend on the nature of your case. Generally, plaintiffs can recover the following damages:
- Current and future medical expenses
- Loss of wages
- Loss of earning potential
- Permanent disability and disfigurement
- Pain and suffering
- Emotional distress
Where Can I Find the Best Mass Tort Attorneys in Las Vegas?
There is no doubt that Las Vegas is the economic hub of Nevada. Besides the fancy restaurants, vibrant nightlife, and world-class hotels and resorts, many personal injury law firms operate in this city, serving clients across the state. However, not every attorney or law firm in Las Vegas can handle your case.
Rather, you need a powerful law firm with a team of attorneys well-known for their aggressive legal representation. You need a law firm with the resources to take on the big players in the city and beyond and build a strong case highlighting your struggles with the injuries you sustained due to the defendant's actions or inactions.
Specifically, you need Morgan and Morgan, the largest personal injury law firm in the United States.
Why Morgan and Morgan Mass Tort Attorneys?
At Morgan and Morgan, we have taken on some of the country's biggest companies, including Yahoo, T-Mobile, Monster Beverage Corporation, and many others. Because we know how these cases work, including the local laws in Las Vegas, you can rest assured that we will fight for you if you have a valid case against the other party. As a result, you will not have to worry about complex paperwork, strict deadlines, manipulative defendants, and other challenges plaintiffs encounter when pursuing a mass tort claim against big companies and corporations.
With over $15 billion already recovered so far for our clients, you might just be the next winner after enduring so much pain and suffering due to the defendant's negligence.
All you will need to do is contact us for a free case evaluation. And if you have a valid case and you hire us to represent you, we will not charge you anything unless we win.