Mass tort claims involve a group of people who suffer an injury due to the defendant’s wrongdoing. Customers who suffer harm because of a defective medical device, drug, or product are usually the focus of such lawsuits.
From medical devices like Hernia Mesh and IVC filters to medications like Zantac, Truvada, and the likes, individuals who have been injured by any faulty product can come together to institute a mass tort claim to get compensation.
However, instituting a mass tort action is only the first step in the right direction towards compensation for your injury. One of the essential primary steps to take is getting a diagnosis of your injury.
In mass tort claims, even when all the claimants have similar experiences using the defective product, each claimant’s case is treated independently of the others. As such, each claimant needs to prove how the defendant(s) injured him/her, and a diagnosis usually proves this.
Diagnosis Solidifies Your Claim
A mass tort claim is a type of personal injury suit, and like every case of this nature, claimants need to prove the defendant caused their injury. It is a civil matter, and the burden of proof lies on the claimants to show how they were injured and the extent of their wound.
Every mass tort case, regardless of its specifics, needs to show proof of damage, and the best way to prove the injury is through a medical diagnosis. No attorney would take you seriously if you complain of a personal injury and have no proof to show for it. A medical diagnosis is the bedrock on which your mass tort claim stands.
Apart from verifying that you had an injury, diagnosis also helps determine the value of your claim. In mass tort claims, claimants are seeking compensation for the harm done to them.
Payment isn’t automatic, and the degree of harm done is what guides the jury on how much damages is enough. Diagnosis shows the extent of damage done to you and, as such, helps to measure how much compensation you deserve.
Again, you can’t fool the defendants. They have everything to lose should you succeed in your claims against them. Because they want to save themselves, they are usually extra vigilant and would do everything to sieve out claimants who don’t have legitimate claims.
As part of their defense, they’d like to claim that you had underlying illnesses or conditions that caused the injury. They can also state that what you have is an apprehension of the likely side effects, and there’s no actual harm to you. You can only discredit their claims if you have a medical diagnosis that negates them.
Your Medical Records Are Important Too
Just like your medical diagnosis, your medical records can be crucial in proving your mass tort claim too. Your medical records are relevant in showing your medical history, especially if the defendants claim that you have an underlying medical condition that caused the damage.
The defendants have the right to request any proof that you may have against them. When they do, your attorney is expected to provide them with your medical records, and answer the questions raised in the discovery phase of your claim.
Benefits of a Mass Tort Claim
The most significant benefits of a mass tort claim are their low litigation costs. The defendants in these lawsuits are usually big corporations with all the resources at their disposal to frustrate the claim. But many plaintiffs don’t have adequate funds to pursue their claims and end up neglecting them without compensation.
But in a mass tort claim, all the plaintiffs come together to bear the financial burden of proving their cases. They collectively take the costs of research, calling expert witnesses, etc. This means a lesser financial burden on each plaintiff, and they can pursue their claims without going bankrupt.
Dalimonte, Reub & Stoller Will Help You Through Your Mass Tort Claims
Do you think you have a mass tort claim against a tortfeasor? If you do, it will help if you called us right away. At Dalimonte, Reub & Stoller, we have the best mass tort litigation lawyers to handle your claims. We will ensure we do everything within our abilities to get you the compensation that you deserve.
With our over 50 years of collective experience, we understand the intricacies in mass tort claims and litigation and are happy to guide you through every process. We’ll listen to your peculiar needs, and your utmost satisfaction is important to us.