How are Settlements Distributed in Mass Tort Cases?

November 2, 2021 | By O'Connor Acciani & Levy
How are Settlements Distributed in Mass Tort Cases?

A mass tort claim comes about when many individuals come together to file a civil lawsuit against a party that has caused injury to all the individuals involved. Tort claims could arise as a result of negligence or unintentional actions that resulted in injury. In a select number of cases, a single defendant could be responsible for multiple injuries, such as in the case of a product recall or, more generally, defective products. A civil mass tort claim happens when many individual personal injury cases are linked to the same defendant.

Settlement Process in a Mass Tort Case

There is no one size fits all process for settlements in mass tort cases. In the case of multidistrict litigation, a settlement is structured in a way that each plaintiffs’ case facts are evaluated on their merits, including exposure, causation, injuries, and damages caused by the defective product or drug. Each plaintiff has the right to make their own decision on whether they want to settle after hearing what their proposed compensation is. If a group settlement cannot be reached, everyone involved in the mass tort case will need to have their individual cases either tried or settled. Bear in mind that under most circumstances, law firms dealing with multidistrict litigation could work out a potential settlement based on injury and damage. They can also factor in prior jury trials which have helped to conclude the reasonable value of the cases in many circumstances. In the case of accepted mass tort settlements, plaintiffs do not split any compensation obtained through the claim. Verdicts and settlements are on a case-by-case basis, meaning that no one settlement compares to the next. In most scenarios, the plaintiffs can decide whether they will accept the settlement, and if they do not, if they want to pursue additional compensation.

Should I Follow Through with a Mass Tort Case?

Although the mass tort process could take anywhere from a year to longer to settle, the process itself is necessary. Deciding not to pursue a personal injury claim could be life-threatening. Pursuing a claim with the help of our dedicated legal team could set you up for a positive recovery and improved financial, physical, and emotional well-being. For more information on the mass tort process or how one of our talented attorneys at O’Connor, Acciani & Levy may be able to help you, reach out today.