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Houston Mass Tort Lawyer

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Mass Tort Lawyer in Houston Who Knows How to Win

It’s very challenging to take on a powerful interest by yourself. Fortunately, mass torts allow individual plaintiffs to pool their resources and share information. Mass tort cases often involve widespread harm caused by defective products, dangerous pharmaceuticals, or environmental catastrophes.

If you’ve been injured due to the negligent actions of a large organization, contact Darius Khosravian of DK Law. DK Law will conduct a detailed assessment of your situation, including the nature and extent of your injuries, the product or substance involved, and the circumstances surrounding your case to determine your eligibility for a mass tort.

Darius Khosravian is a lifetime member of the Multi-Million Dollar Advocates Forum, an organization that’s only open to attorneys who have won multi-million-dollar settlements. Mr. Khosravian was also selected among the National Trial Lawyers list of Top 40 Under 40.

Call (281) 402-8856 to schedule a FREE consultation today.

The Benefits of a Mass Tort Lawsuit

A mass tort is a civil action that involves numerous plaintiffs against one or a few corporate defendants in state or federal court. Unlike class actions, which consolidate plaintiffs into a single lawsuit, mass torts allow each plaintiff to retain an individual claim. Mass torts can be applied to several types of personal injury cases, including defective products, harmful pharmaceuticals, or environmental disasters.

There are several potential benefits of joining a mass tort:

  • Each plaintiff's case is treated individually, allowing for a detailed assessment of the unique harm and damages suffered.
  • Compensation is tailored to the specific circumstances of each plaintiff.
  • The collective power of a mass tort also strengthens the bargaining position of plaintiffs, often resulting in more substantial settlements or verdicts.
  • Plaintiffs can secure legal representation without any upfront costs, and you won’t owe your attorney anything unless they win you a settlement.
  • The shared costs among plaintiffs make high-quality legal representation accessible to all participants.
  • Sharing evidence, expert testimonies, and coordinated legal actions can significantly strengthen each individual case.

Examples of Mass Tort Cases

Mass tort cases can be broadly categorized into three main types: pharmaceutical drugs, defective products, and environmental disasters. Pharmaceutical mass torts often arise when medications cause severe side effects or health issues that were not adequately disclosed to consumers. An example is the litigation involving the anticoagulant drug Xarelto, which was linked to uncontrollable bleeding. Another significant case is the ongoing litigation against various pharmaceutical companies for the opioid crisis, where manufacturers and distributors are held accountable for widespread addiction and overdose deaths.

Defective product mass torts occur when products such as vehicles, medical devices, or household items cause injury or harm. The Takata airbag recall, which involved airbags that could explode and cause injury, is a notable example.

Environmental disaster mass torts involve harm caused by incidents like oil spills, chemical leaks, or industrial pollution. The BP oil spill is a notable environmental mass tort, where thousands of claims were filed by individuals and businesses affected by the disaster.

Institutional sexual abuse mass torts refer to misconduct occurring within trusted organizations such as schools, religious institutions, healthcare facilities, and youth organizations. One notable example is the cases against the Catholic Church, where numerous clergy members were found guilty of sexually abusing minors over several decades.

What’s the Difference Between a Mass Tort and a Class Action Lawsuit?

The fundamental differences between mass torts and class actions primarily revolve around the treatment of plaintiffs and claims. In a class action lawsuit, a single lawsuit is filed on behalf of a group of plaintiffs who share similar injuries and claims. These plaintiffs are treated as a collective unit, and any settlement or judgment is distributed among all class members.

In class actions, the collective nature of the lawsuit means that the court must certify the class, ensuring that the claims and damages are sufficiently similar. This process can be time-consuming and complex, potentially delaying the litigation. Once certified, any settlement or judgment is divided among all class members, often resulting in smaller individual compensation. This collective approach means that all class members are bound by the outcome, whether it's a settlement or a court judgment.

Unlike the plaintiffs in a class action lawsuit, each plaintiff in a mass tort maintains an individual lawsuit but shares resources and information with other plaintiffs. This allows for individualized consideration of each plaintiff's circumstances, which can lead to varying compensation amounts based on the extent of harm you have suffered.

The process for joining a mass tort is typically more flexible than it is for a class action, offering plaintiffs more control over their legal strategy. The consolidation in mass torts helps manage the large volume of cases efficiently while preserving the unique aspects of each plaintiff's claim.

How Does a Mass Tort Work in Houston?

The legal process for a mass tort case begins with the identification of a common issue affecting multiple plaintiffs, such as a defective product or harmful pharmaceutical drug. Throughout this process, coordination among plaintiffs’ attorneys is crucial to ensure consistency and efficiency.

Plaintiffs in a mass tort file individual lawsuits in state or federal court, but these cases are often consolidated into multidistrict litigation to streamline pre-trial proceedings. Multidistrict Litigation (MDL) is a legal procedure designed to efficiently manage complex cases involving numerous plaintiffs who share similar claims against common defendants. This consolidation is overseen by a single judge, who handles the discovery phase, motions, and other preliminary matters.

MDL aims to reduce duplicative discovery, avoid conflicting rulings, and conserve resources by centralizing these tasks. Unlike class actions, each plaintiff in an MDL retains their individual lawsuit, allowing for separate trials or settlements. The MDL process can significantly speed up the resolution of mass tort cases by fostering coordination among plaintiffs' attorneys and ensuring consistent handling of common issues.

The timeline of a typical mass tort case can vary, but generally follows several key stages. Initially, the identification and filing of individual lawsuits mark the beginning. Next is the discovery phase that follows, where evidence is gathered and shared among all plaintiffs. Discovery may take several months to years depending on the complexity of the case.

After discovery, motions and hearings are conducted to address various legal issues. Some cases may reach settlements during this phase. If settlements are not achieved, the cases are prepared for individual trials. The trial phase may involve remanding cases back to their original courts. If a resolution occurs through trials or settlements, compensation is distributed to the plaintiffs.

DK Law Has Won Millions of Dollars for Our Clients

Darius Khosravian of DK Law has dedicated his personal injury law firm to getting justice for people who’ve been injured. If you’ve been injured, we want to hear about it. The Houston personal injury lawyers at DK Law always have time for our clients, and we’ll keep you informed about how your case is progressing throughout the legal process.

Call (281) 402-8856 to schedule a FREE consultation today. You won’t owe us anything unless we win.

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“DK Law is a great firm. Would trust them with any case. Very professional and knowledgeable about what is in client’s best interests.”
- Lea T.