Q: When can personal injury claims become a class action lawsuit?
The most common types of class action lawsuits involve defective drugs, medical devices, and defective products. The class action suit represents multiple parties who have similar damages. However, if a suit is pursued successfully, it can provide some form of compensation to the class members and may even change the way the defendant does business or manufactures products.
One or several plaintiffs may represent the majority of plaintiffs in the case with one shared attorney. Should they win their case, all the injured plaintiffs named in the suit will receive a portion of the settlement.
But in some cases, an individual personal injury claim might have different damages – often more extensive – than other parties. Therefore, some choose to opt out of the class and pursue their own claim. In some cases, multiple injury claims become a mass tort where each person has his or her own lawsuit and pursues his or her own damages, which may differ but the individuals cases can combine evidence.
Types of Class Action Lawsuits or Mass Torts
When there are multiple plaintiffs that have suffered damages as the result of the negligence of a particular company or party, a class action lawsuit or mass tort might be a viable option. Some common types of class action lawsuits include the following.
- product liability claims (defective automobiles or hazardous toys).
- contaminated food injury claims.
- medical products that cause harm (defective implants, contraceptives).
- and, premises liability claims (asbestos exposure or chemical exposure).
Many cases may be mass torts because the plaintiffs may have individual personal injury claims with different damages.
Talk to a Personal Injury Attorney
If you are in need of legal counsel in Peachtree City, call the Law Office of Jason Schultz to schedule a free consultation. We can review your personal injury claim and advise you according regarding whether you may benefit from a class action lawsuit, opting out of a class action, or if your claim may be part of a mass tort. Contact us today at 404-474-0804.