You have the legal right to hold powerful corporations accountable when their negligence causes harm. Mass tort and class action cases often involve pharmaceutical companies, manufacturers, and large entities that knowingly release dangerous products into the market, products that can change or even end lives.
At Zoeller Law, our Florida mass tort and class action attorneys have been standing up for victims like you since 1978. With decades of experience and the resources to go toe-to-toe with the biggest defendants, we are prepared to handle your case with the skill, care, and tenacity it deserves.
When you choose Zoeller Law, you choose a legal team that will be with you at every step. We will fight relentlessly for justice, advocate for your rights, and pursue the maximum compensation available, so you can focus on healing and rebuilding your life.
Reach out today to explore your legal options. Your fight is our fight.
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561-689-8180What Is a Mass Tort?
The legal term “tort” refers to a case that involves an injury caused by someone’s negligence. The victim could file a lawsuit if their injury resulted from another party’s wrongdoing. However, multiple people could pursue a mass tort case if they all sustained similar injuries under the same circumstances.
Many people use mass tort and class action interchangeably. Although both cases work towards the same goal, they are different in many ways.
A mass tort combines multiple lawsuits into one legal action to be brought before one judge. However, everyone involved in the case works individually on the parts unique to their situation. If there’s a favorable outcome, each plaintiff can decide if they want to seek additional compensation or negotiate for a settlement. The clients in a mass tort case don’t split the monetary award equally. The money every plaintiff receives depends on the circumstances of their particular situation.
Common Types of Mass Tort Cases
A range of scenarios can arise that qualify injured victims to join a mass tort lawsuit. The most common include:
Dangerous Drugs
Although the U.S. Food and Drug Administration regulates the manufacture and sale of pharmaceutical drugs, there isn’t enough oversight to prevent dangerous medications from ending up on the market. Unfortunately, some contain carcinogens and other toxic substances, making them dangerous for users to take.
Examples of recalled drugs and ones still on the market that could qualify for a mass tort case are:
- Zantac
- Uloric
- Belviq
- Elmiron
- Truvada
- Invokana
- Risperdal
Explosions
Explosions are catastrophic incidents that can cause severe injuries and death. Survivors are left with physical scars and psychological trauma. Explosions like this typically result from companies failing to maintain equipment or workers mishandling flammable substances. They often happen at places like oil rigs, chemical plants, and refineries.
Toxic Exposure
Being exposed to toxic chemicals poses a significant risk to a person’s health. You might not immediately realize you have been exposed until years later when you develop cancer or another medical condition. Workers in certain industries, such as construction, maritime, and oil mining, are at a higher risk of exposure. Common chemicals involved in mass tort lawsuits are:
- Pesticides
- Asbestos
- Petroleum products
- Paint
Train Accidents
Train accidents happen for many reasons. Most are the result of human error. Examples of scenarios that cause death and injuries to multiple people include:
- Broken or worn switch points
- Defective train parts
- Traveling at excessive speeds
- Train operator error
Aviation Accidents
Passengers on airplanes, helicopters, and other aircraft can suffer injuries from dangerous conditions or someone’s negligent actions. Mass tort lawsuits often arise from common aviation accidents, such as:
- Unsecured fallen luggage
- Poor maintenance of the aircraft
- Insufficient fuel
- Miscommunication between air traffic control and the pilot
- Malfunctioning equipment
- Inadequate preflight inspections
Defective Products
Some products contain defects due to a poor design, errors during manufacturing, or a lack of adequate warning labels. These defects prevent the product from working as intended, leading to injuries and fatalities. Products commonly included in class action cases are:
- Talcum powder
- 3M earplugs
- Firefighter foam
- Roundup
- JUUL and other e-cigarettes
Defective Medical Devices
Medical devices that patients rely on to manage the symptoms of medical conditions and improve their quality of life can do more harm than good. Mass tort lawsuits could involve injury, illness, or death caused by defective devices, such as:
- Hernia mesh
- Metal hip implant
- Penumbra catheter
- IVC filter
- Cardiac defibrillator
- Inhaler
These are the most common types of mass tort cases, but this list does not include every possible scenario that can lead to multiple injuries or fatalities. If you believe you’re eligible to file or join a mass tort lawsuit, you should reach out to Zoeller Law immediately to discuss your legal options for pursuing compensation.
What Is a Class Action?
One or several people together can file a class action lawsuit on behalf of a group (class) injured by the same party and suffering similar losses.
It’s necessary to follow various steps to proceed with a class action. They are as follows:
- Enough people must have been harmed by the same party to pursue a case together instead of individually.
- One or a few people named in the lawsuit can represent everyone in the class.
- Anyone able to participate in the class should receive notification about the lawsuit and have the opportunity to opt out or join.
- Injuries suffered by the representative should be the same or similar to the class members.
- The named plaintiff must show that their experience with the at-fault party represents everyone involved in the class.
Pursuing a class action case can make the process much easier for the plaintiffs. Instead of seeking compensation alone, you can include your specific set of circumstances in one legal action. Costs are also significantly lower because many people contribute to the legal fees and other expenses instead of one person footing the entire bill alone.
Common Types of Class Action Cases
The most common situations that could qualify you for a class action lawsuit include:
Unfair Employment Practices
When someone employs you, there is typically a signed agreement between you and your employer outlining your job responsibilities, salary amount, available benefits, and other important information. If someone violates your rights at work, you could pursue legal action. Often, multiple employees have suffered similar mistreatment, and you could join with each other in a mass tort lawsuit. Common examples of unfair practices include:
- Discrimination
- Safety violations
- Harassment
- Failing to provide breaks
- Withholding benefits
- Wrongful termination
- Unpaid wages, overtime, and business expenses
Consumer Class Actions
Consumers can face mistreatment from companies involving unfair and illegal practices. The most common are:
- Illegal debt collection procedures
- Charging unauthorized fees
- Overcharging for a service
- Breach of personal information held by a company
- Deceptive loan practices
- False advertising of a product
- Assessing unfair late fees for late or missed payments
Product Liability
Product liability involves holding a manufacturer or another responsible party liable for placing dangerous products in the hands of consumers.
- Dangerous drugs
- Toxic chemical spill
- Recalled vehicle or parts
- A fire caused by a faulty household appliance
- Defective medical device
- Harmful substances in cleaning products
Defects occur when the manufacturer, design team, supplier, distributor, or someone else in the production line makes a mistake, creating an inherently dangerous product.
The compensation you receive could cover past and future losses, such as:
- Medical bills
- Pain and suffering
- Lost wages and future earnings
- Emotional distress
- Damage to personal property
- Loss of enjoyment of life
- Physical impairment or disfigurement
If the at-fault party’s actions were particularly egregious, you could also seek punitive damages. Instead of compensating you for your losses, this award punishes the defendant for their misconduct and aims to deter similar behavior in the future. State law requires that you provide the jury with clear and convincing evidence of the defendant’s gross negligence or intentional misconduct to receive this monetary award.
Contact Zoeller Law – Your Fight for Justice Starts Here
If you’ve been harmed by a dangerous or defective product, you may be eligible to pursue compensation through a mass tort or class action lawsuit. At Zoeller Law, we understand the physical, emotional, and financial toll that corporate negligence can take—and we’re here to help you reclaim control.
Our Florida mass tort and class action attorneys are committed to holding powerful companies accountable when their products put lives at risk. We know what’s at stake for you and your family. That’s why we build strong cases, aim for favorable jury verdicts, and fight for the full compensation you deserve.
Don’t face this alone. Reach out to Zoeller Law today to discuss your case and take the next step toward recovery.
