Medical product liability cases can be complex and challenging because not everyone has extensive knowledge of medical terms. Most of these cases also often involve multiple defendants with different levels of responsibility for the harm caused. What’s more, defendants for these claims are mostly large corporations with significant financial and legal resources to face the charges.
Standing up against such powerful opponents can be a huge ordeal for an individual, and pursuing a mass tort claim may be a more suitable action. Or is it?
Pros And Cons Of A Mass Tort Claim
Mass tort claims are a type of legal action that allows a large group of people who have suffered harm from a defective product to sue the responsible party or parties.
Here are some of its advantages:
- Efficiency: Mass tort claims can be more efficient than individual lawsuits because they allow multiple cases to be consolidated into a single proceeding. This can streamline the legal process and reduce the burden on the court system, resulting in faster resolution of cases.
- Shared resources: In a mass tort claim, plaintiffs can share resources such as evidence, experts and attorneys. This can reduce the cost of pursuing the case for individual plaintiffs and ensure that each plaintiff has access to the best resources available.
- Collective bargaining power: When a large group of plaintiffs comes together in a mass tort claim, they can collectively negotiate a settlement with the defendant. This can result in a more favorable outcome for all plaintiffs than individual lawsuits.
Mass tort claims can be particularly suitable for pursuing product liability cases for several reasons, but there are also some potential drawbacks to consider.
Here are some of its drawbacks:
- Reduced control: In a mass tort claim, individual plaintiffs may have less control over the legal strategy and settlement negotiations than they would in an individual lawsuit. This can be frustrating for plaintiffs who want more input into the process.
- Lower payouts: Because there are many plaintiffs in a mass tort claim, the settlement payouts may be lower than in individual lawsuits. This is because the defendant may be able to spread out the payments over a larger group of people.
- Complexity: Mass tort claims can be complex and difficult to navigate, particularly for plaintiffs unfamiliar with the legal system.
As with any other legal undertaking, mass tort claims have advantages and disadvantages when pursuing medical liability cases. It is important to consider all factors and consult with attorneys to determine whether a mass tort claim is the right option for your particular case.