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What Is Considered Mass Tort?

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There are many different kinds of lawsuits you can file if you have a complaint against an individual, business, or agency. Many lawsuits are designed for individual complaints, but a group of people can also bring a lawsuit against a single entity if they all have the same complaint.

One type of group lawsuit is known as a mass tort. But what is a mass tort and when is this type of lawsuit appropriate?

What is a Tort?

A tort is any action or negligence by an individual or organization that infringes on the rights of a person or causes them harm. Civil legal liability is assigned to the entity that committed the tort, which means that a court can award compensation to the person who was harmed. There are many different acts that can result in a tort, including:

  • Property damage
  • Assault
  • Battery
  • Negligence
  • Conversion of property, such as copyright
  • Severe emotional harm

What is a Mass Tort?

Mass torts are legal proceedings that are brought against one or more entities by a group of people with the same complaint. An example would be a lawsuit against a large corporation that failed to comply with employment laws and infringed on their workers’ rights or failed to maintain safety standards on a job site, resulting in bodily harm or illness to multiple employees. The plaintiffs (the individuals taking legal action) in the case are entitled to compensation if the court finds the defendants responsible.

The main difference between a mass tort and other group civil proceedings, such as a class action lawsuit, is how the plaintiffs receive compensation. In a mass tort case, instead of getting an equal settlement, each plaintiff is awarded compensation based on the personal harm they experienced due to the action (or inaction) of the defending party.

Should You File a Mass Tort?

If you are part of a group that wants to bring legal action against a company or an individual, it’s important to consider the type of lawsuit you should file. In some cases, a mass tort is a better choice, especially if your group is smaller and the harm you experienced is different for each person. Larger groups bringing civil action often choose a class action lawsuit instead.

Only an experienced attorney can give you individual advice on your case. If you are thinking of pursuing a mass tort, give our Texas law firm a call at 214-575-8300. Our Dallas and Houston attorneys can help you decide how to proceed with your case and get the compensation you deserve.

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