Did you take a medication that was improperly labeled?
Has a defective medical device hurt you or a loved one?
What are your options now?
If you have been harmed by a dangerous drug or medical device, you may be unsure where to start. Burg Simpson’s national mass tort attorneys have represented thousands of individuals who have suffered serious side effects after taking dangerous medications. We also represent people who have been injured by defective or dangerous drugs and medical devices. For more than 40 years, our experienced team of litigation attorneys and paralegals have worked together to handle these cases, some of which have involved several of the world’s largest, high-profile companies.
We currently handle medical mass tort cases at our BURG SIMPSON ARIZONA, BURG SIMPSON COLORADO, BURG SIMPSON OHIO, and BURG SIMPSON WYOMING offices.
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What Is Mass Tort Law?
A mass tort is a civil action involving several plaintiffs against one or more defendants. Mass tort lawsuits are sometimes confused with class action suits. While they are similar in many ways, mass tort actions are filed individually and class action cases are filed collectively. Although they often involve injuries, mass tort claims are different from personal injury lawsuits. Mass torts involve multiple claims, but they are centered around a single product. The basic facts of mass tort claims are comparable and individual claims are tied together financially.
Mass tort litigation is incredibly complicated because there are many issues involved, such as:
- Cases can be filed at the state or federal level
- They can include large numbers of plaintiffs and/or defendants
- There are different state laws that dictate levels of damages and what kind are valid
- States have different statutes of limitations and levels of liability
- Mass tort cases can expose potential third-party issues
What Is Your Mass Tort Claim Worth?
Mass tort claims allow victims and their families to recover compensation for the following damages with the help of our mass tort attorneys:
- Medical expenses
- Pain and suffering
- Lost income and lost future earnings
- Emotional damages
- Funeral expenses, if applicable
There are several factors that determine what a mass tort claim is worth. Each case is different, so no specific compensation amount can be guaranteed in advance. However, the national mass tort attorneys at Burg Simpson will provide an honest evaluation of your claim and offer an educated assessment of what your claim may be worth.
Some of the factors that may affect how much a mass tort claim is worth include:
- The nature and extent of the injury
- The nature and extent of medical treatment received
- The nature and extent of preexisting medical conditions
- The nature and extent of the liability of each person involved
- The ability of the injured person to return to work
- The need for future medical care and other life care needs
- The location where the injury occurred
When someone is unable to go back to work after being injured by a dangerous drug or medical device, it can cause a significant economic loss that may be worth tens or hundreds of thousands of dollars, depending on the person’s occupation and the remaining life of that person’s career.
The state in which an injury occurs can be a significant factor in the value of their mass tort claim as well. The laws vary widely by state. Some states protect residents better than others. A few states allow unlimited recovery of non-economic damages, such as pain and suffering. Other states seriously limit that type of recovery. State laws regarding negligence, comparative fault, and other liability issues may also affect the value of the claim. Your mass tort attorney at Burg Simpson will be able to walk you through these nuances.
All these factors must be carefully evaluated before filing a lawsuit, which makes securing knowledgeable legal representation crucial.
How Long Do Mass Tort Cases Take?
In some cases, a mass tort settlement can be reached quickly without even filing a lawsuit. Most of the time, however, cases will not be settled until very close to the trial date, which may be more than a year after the initial filing with your dangerous drug and medical device lawyer.
In successful mass tort cases, the defendant will sometimes pay or settle when the judgment is entered, but the defendant will often appeal the result, which may delay the ultimate recovery for months or even years.
If you lose at trial, you have the right to appeal, and Burg Simpson’s mass tort attorneys handle appellate cases. Again, this process can take anywhere from a few months to several years. If you win the appeal, you will likely need to go through another trial, and potentially, another appeal. It could take several years to obtain the compensation you deserve for your injuries.
How Do I Get Started With My Mass Tort Case?
Burg Simpson offers free, no-obligation case evaluations to those who have been injured by any kind of product. We can even obtain your medical records as we conduct the necessary review to determine whether we can help.
Our mass tort fee agreements are done on a contingency basis, which means our fee is determined as a percentage of your recovery. We only get paid if we obtain a recovery for you. If we don’t, then you owe our mass tort attorneys nothing.
We also advance money for all relevant litigation costs, such as filing fees, medical records retrieval, and expert costs. Burg Simpson receives reimbursement for these costs out of any recovery. If you decide to work with us for your mass tort claim, all of this will be explained in a written fee agreement.