Mass Tort Attorney in Atlanta

Pursuing Justice for Large-Scale Injury Claims

In the Atlanta area and throughout the country, thousands of consumers suffer injuries due to defective products. Some of the most mass tort cases involve defective medical devices, dangerous drugs, or toxic products.

If you or a loved one has suffered injuries, you may be unsure of your legal options. Large corporations have legal teams dedicated to fighting mass tort claims. The most effective strategy is to hire an experienced mass tort attorney who will act as your legal advocate to help you receive the justice you deserve.

Contact Durham Law Group today to schedule a free case evaluation, and we will determine the right strategies for pursuing compensation.

Is a Mass Tort the Same Thing as a Class Action Lawsuit?

One of the most common questions that clients ask concerns the difference between a mass tort claim and a class action lawsuit. In a class action lawsuit, a large number of individuals are brought together in a single legal action and led by a class representative who acts on their behalf. Any financial recovery reached with the manufacturer is divided equally or in proportion among all members. The outcome or ruling in the lawsuit applies to the entire group.

Conversely, in mass-tort claims, plaintiffs each pursue individual lawsuits. Unlike class action lawsuits, bellwether trials are held before the trial starts to save time. A bellwether trial is the first of a series of trials used to predict outcomes in similar mass-tort actions. Litigators use these trials to test the feasibility of scientific evidence, the testimony of medical professionals, and legal arguments. If you are ultimately awarded compensation, it is calculated independently based on the severity of your injuries.

What Is an MDL, and Will My Case Stay in Georgia?

Injured clients involved in mass-tort litigation claims often worry when they see paperwork referencing multidistrict litigation (MDL) and whether they will have to travel to resolve their case. The purpose of MDL is to speed up the legal process by consolidating cases before one judge rather than in thousands of courtrooms around the country.

Due to the large number of plaintiffs from multiple jurisdictions, the federal court system will assign the case to a single federal judge during the discovery phase. The discovery phase involves gathering evidence, including corporate documents and expert depositions.

Even if the MDL is in another state, our Atlanta lawyers will handle the core legal tasks in the case. If necessary, the case can be sent back to Georgia for an individual trial if it is not settled during the MDL process. Even so, most MDL cases are settled and do not have to be sent back to the original district court for trial.

How Do I Know if I Actually Qualify to Join a Mass Tort?

If you have suffered a significant injury from a consumer product, you may be struggling to deal with the harm you have suffered. To determine if you are eligible to join a mass tort, you must prove two specific legal criteria: Proof of Exposure and Proof of Injury.

Suppose a defective medical device has injured you. In that case, you must present verifiable medical records showing that you received the implant during the allotted timeframe. But showing that you received the medical device is not enough. You must also prove that you received a later diagnosis of a qualifying related medical condition.

If you have questions about the legal process involved in mass-tort claims, it is best to consult a skilled attorney at Durham Law Group, who will gladly address your concerns.

What Is the Statute of Limitations for a Mass Tort in Georgia?

The Georgia statute of limitations for mass tort cases follows the same guidelines as those for other personal injury cases. Under state law, individuals who wish to pursue mass tort claims have up to two years to pursue compensation.

In cases that involve undiscovered product defects or underlying medical conditions, attorneys may invoke the “discovery rule.” The discovery rule can toll (pause) the clock. The clock will not begin again until the victim reasonably discovers or should have discovered their injury was directly related to a drug or defective product.

How are Settlement Amounts Decided in Mass Tort Claims?

The goal of mass tort claims is to obtain financial compensation for injured parties. If a comprehensive settlement is reached with a defendant, the financial recovery is generally distributed through one of two formal procedures that utilize a point or tier system. If a settlement is reached, you will be compensated for your individual case.

Point-Based (Matrix) System

A point-based matrix system assigns point values to various factors, including age, specific medical diagnosis, and the duration of exposure to the dangerous product. A neutral third-party administrator reviews the plaintiff’s medical records and assigns the points based on their assessment. The points are then totaled to determine the final payout that the plaintiffs will receive from the settlement fund.

Tiered Settlement System

Plaintiffs are divided into tiers based on the severity of their injuries. Plaintiffs with permanent or catastrophic injuries are grouped in high compensation tiers. Those who have minor injuries are awarded fixed compensation amounts. For example, a plaintiff who has suffered catastrophic injuries such as a traumatic brain injury (TBI) would recover greater compensation than someone dealing with a temporary injury.

What Can I Be Compensated for in a Mass Tort Lawsuit?

Just as in any other personal injury case, the objective of a mass tort lawsuit is to obtain compensation for economic and non-economic damages. It is worth emphasizing that any compensation you receive will be based on the merits of your legal claim.

Economic Damages

Economic damages reimburse you for financial losses that you have suffered due to the defective product, which may include:

• Past and future medical bills
• Lost wages
• Loss of earning potential

Non-Economic Damages

Non-economic damages are awarded to compensate you for intangible losses you have suffered, including:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Permanent disfigurement and scarring

Contact Durham Law Group Today to Speak With an Experienced Atlanta Mass Tort Lawyer

No one ever wants to believe they will suffer injuries due to a defective product. Yet many consumers suffer significant injuries annually. Product and drug manufacturers, as well as medical device makers, have highly experienced legal teams whose sole job is to defend their employers in mass-tort actions. 

Durham Law Group has a proven track record in helping injured parties seek compensation for damages. Our personal injury law firm recognizes that this is a challenging time for you and your family. 

Our attorneys and legal team have extensive experience handling complex mass-tort cases and know what it takes to win.

If you or a loved one has been injured, contact our Atlanta, GA law firm immediately at 404-737-3133 to schedule a free consultation. A qualified mass torts lawyer will gladly review your case and determine how we can assist you.