What Does a Texas Mass Tort Attorney Do?

A mass Tort attorney represents plaintiffs in a mass tort lawsuit. The plaintiffs, sometimes thousands of individuals, are people that suffered harm or losses resulting from manufacturers or big and powerful corporations’ tortious acts or negligence.

A skilled and experienced mass tort lawyer has the professional qualification and expertise to fight for the rights and due compensation for the plaintiffs. The attorney takes all legally required steps for instituting and sustaining a mass tort lawsuit, including:

Pre-Trial
Before a mass tort claim is filed, the mass tort attorney is expected to interview the plaintiffs, evaluate each case and establish certain material facts. The aim of doing this is to ensure that each case qualifies to join the mass tort action and also to provide enough evidence to make a solid mass tort case. To do this, the mass tort attorney would consider the following:

• The Same Act or Omissions: In a mass tort case, it is crucial to establish that all the victims suffered damages due to a singular act caused by the defendant. One specific act must have led to all the injuries in the mass tort case. Any damage or injury established based on another factor other than the specific causative act may not qualify to join the mass tort claim.
• Multiple Victims: This is an essential element in any mass tort case. Before filing a mass tort claim, the attorney must establish that the damage caused by the defendant affected a lot of people. A mass tort attorney can also assist in finding other victims who may be interested in joining the case.
• Similar Injuries: All injuries or damages in a mass tort case should be similar. For example, in a lead poisoning case, it is expected that all the victims should have suffered lead poisoning. Where an injury is relatively different from that of other victims, there may be a doubt as to the cause of that particular injury. It is important to note that though the degree of an injury may differ as some victims may suffer more than others, the type of injury should all be similar.
• Negligence: In some cases, a mass tort attorney would be expected to prove negligence. To do this, the attorney must establish a duty of care owed by the defendant to the plaintiff and that that duty was breached, which resulted in damages for the plaintiff.

Filing the mass tort case
To file a mass tort claim in Texas, a mass tort attorney would need to provide documents stating the number of plaintiffs in the case, the extent to which each plaintiff has been affected, the cause of the damage, and a statement by the defendant on the claims, that is, whether or not they have admitted to a fault.
In Texas, mass tort cases are tried in the Federal District Court. Where mass tort victims reside in the same geographical region, it is easier to file a mass tort case in a particular court. However, where the victims reside in different regions, it is usual to consolidate the claims and file them in a single court.

Bellwether Trial
This is a trial before trial; it is a test run by the judges on how the case would go, using the most serious claims in the mass tort action. The bellwether trial is a crucial part of a mass tort case because it helps the judges to determine if the other cases should be brought to trial or not. The basis for the bellwether trial is to establish the strength of a mass tort case before it is fully brought to trial. If the bellwether trial is unsuccessful, the other cases will not proceed to trial. Consequently, the mass tort attorney needs to take the bellwether trial seriously.

Appeal
The judgment in a mass tort case is binding on all parties. If any party is unsatisfied with the federal court's judgment, they can file an appeal in the court of appeal. There are 14 courts of appeals with appellate jurisdiction located in different cities within Texas.

What Is Considered a Mass Tort?

A tort is a civil wrong that arises when an individual suffers harm or injury due to an act or omission caused by another. An injured party can file for a personal injury claim as a plaintiff against the defendant to hold the defendant legally liable and get compensation for the injuries incurred.

A tort can be committed against a single person or a group of people. Where a tort is committed against a group of people, a mass tort case may arise.

A mass tort is, however, a wrongful act or omission that causes injury to multiple victims. For example, when a corporate body carries out an act that results in damages, affecting several people, the injured persons can come together and file a mass tort claim against the corporate body. Furthermore, while a mass tort case may consist of a group of plaintiffs and one or more defendants, it is also important to note that a mass tort case is not filed individually. The cases are consolidated and filed as a group.

The major purpose of a mass tort action is to get compensation for the victims, and this can be done with the help of an experienced mass tort attorney.

What Are the Types of Mass Tort Cases?

A mass tort claim in Texas may arise from any situation that causes damage to a group of people. However, the most common types of mass tort claims are:

• Exposure To Toxic Substances: This is mostly caused by industries and factories that use toxic substances like chemicals, harsh smoke or fumes, and toxic wastes during production. When released into the environment, these substances can be harmful to residents. Residents who have suffered harm or damages as a result of these toxic substances can, however, come together to institute a mass tort action against the factory or industry.
• Defective Drugs and Medical Devices: Many mass tort cases in Texas result from medical negligence. Medical personnel must ensure that the right and safest devices are used on patients and any drug given is safe for consumption and fit for purpose. The patient should also be informed of the proper dosage and possible side effects of a drug. If a medical personnel default on any of these, the patients who have suffered damages can come together and file a mass tort claim. The tort of medical negligence is critical because, in some cases, the dereliction of duty could lead to the patient's death.
• Dangerous Product: Manufacturers are expected to ensure their products are in the best and safest condition. Product defects may arise from design, color, or lack of proper information about the product. A mass tort claim may be instituted when a product defect causes injury or harm to end users. The tort of product liability, however, ensures that the manufacturer or seller is held liable for any damage that may arise from a product defect.
• Large-Scale Catastrophe: Man-made catastrophes like explosions can lead to injuries, loss of lives, and destruction of properties. Injured parties can, however, file a mass tort claim against the defendants to get compensation for the injury or damage.
• Natural Disasters: Natural disasters like earthquakes may not be caused by anyone, but victims can file a mass tort claim against an insurance company that refuses to pay out claims for the damages incurred from the natural disaster.

What Is a Mass Tort Settlement?

A mass tort settlement is compensation, usually in the form of money, given to victims of a mass tort. A mass tort settlement in Texas may begin with negotiations between the plaintiff and the defendant before the case is taken to court. It is the priority of the mass tort attorney to represent the interest of the plaintiff and get the best compensation. When both parties reach an agreement before trial, the plaintiff is paid, and the case is settled. However, where there is no agreement and if the defendant is unwilling to pay the amount requested by the plaintiff, the case would then proceed to trial.

A mass tort case is multi-district litigation; hence, settlement is done individually. There is no single form of settlement where plaintiffs wouldn't be expected to split the money. Each plaintiff's case is reviewed separately, and settlement is given individually, based on the degree of damage the plaintiff suffered.

Is It Worth It to File for a Mass Tort Lawsuit?

The degree of damage from a mass tort can be severe to the victims. Victims may spend a huge amount of money to recover from these damages. Filing a mass tort action and getting compensation for the victims can relieve them of some financial burdens. A mass tort action can also serve as a caution to the defendant to desist from repeating the wrongful act.

Do I Need a Mass Tort Attorney?

Mass tort claims are complex, involving multiple parties, and filed against huge industries and companies like pharmaceutical companies, airlines, manufacturers, railroad companies, etc. These corporations will have specialist legal teams representing their interest and presenting logical counterarguments against the plaintiffs’ claims. Having skilled and experienced mass tort attorneys on the plaintiff’s side provides ease of communication among claimants and with the defendant. Among other things, mass tort attorneys consolidate the cost of litigating against powerful corporations with huge resources and reduce the burden on individual plaintiffs. They also implement strategies for successfully navigating the mass tort litigation while being physically available to the plaintiff who need someone to trust and rely on to fight for their interest and get them the recompense they deserve.

Skilled and experienced mass tort attorneys also:

• Are licensed to practice in Texas
• Evaluate the plaintiff’s case and provide professional legal advice on whether or not the plaintiff should join the mass tort action
• Consult with experts to strengthen the evidence against the defendnat
• Represent the plaintiffs in the federal district court,
• Provides the plaintiff with updates on the case and ensures exposure of the defendant's wrongful act so that other people are protected from being victims or other victims can come forward.
• Winning mass tort cases would require the assistance of an experienced mass tort attorney.
• Negotiate and get the best settlement for the victim.

Statute of Limitations for a Mass Tort Case

A statute of limitations is the time frame within which a plaintiff must file a mass tort case. Once this time has elapsed, the plaintiff may not be able to file the case again or get any compensation.

For most mass tort cases, the statute of limitation ranges between two to three years from the day the damage was caused. However, if the damage was not discovered immediately, the statute of limitation starts counting from the day it is discovered. Chapter 16 of The Texas Civil Practice and Remedies Code provides a two-year limitation period for a personal injury claim. While the statute of limitation may vary depending on the state, it is advisable to contact a mass tort attorney as soon as possible.

Where Are Tort Cases Heard in Texas?

Mass tort cases in Texas are tried in the Federal District Court. There are four federal district courts in Texas, and these courts have courthouse branches located in different cities within Texas ;

• The southern district court of Texas - with courthouses in Brownsville, Corpus Christi, Galveston, Houston, Laredo, Mc Allen, and Victoria
• The eastern district court of Texas - with courthouses in Beaumont, Lufkin, Marshall, Sherman, Texarkana, and Tyler
• The northern district court of Texas - with courthouses in Dallas, Fort Worth, Amarillo, Abilene, Lubbock, San Angelo, and Wichita Falls
• The western district court of Texas - with courthouses in Alpine, Austin, Del Rio, El Paso, Fort Hood, Midland - Odessa, Pecos, San Antonio, Waco.

With this, it is easier for plaintiffs to bring their mass tort claims to any courthouse close to them.