Personal Injury FAQs

A mass tort is a civil lawsuit involving numerous plaintiffs who have been harmed by the same defendant or defendants. Unlike a class action, where a small group of plaintiffs represents a large "class" and a single settlement is divided among them, mass tort cases treat each plaintiff individually. This means you have more control over your case and your specific damages are evaluated, rather than being averaged with others.

A mass tort is also different from a single personal injury case, which involves one plaintiff and one or more defendants. Mass torts, by their nature, involve widespread harm from a single source, such as a defective product or corporate negligence. They are often consolidated in federal court for efficiency (known as multidistrict litigation or MDL), but your claim remains separate.

A personal injury claim arises when you are physically or mentally harmed due to another party's negligence or intentional wrongdoing. To have a valid claim, you must prove:

1. Duty of Care: The defendant owed you a legal duty to act reasonably.
2. Breach of Duty: The defendant breached that duty through a negligent act or omission.
3. Causation: The defendant's breach directly caused your injuries.
4. Damages: You suffered actual damages as a result.

For a mass tort, these principles apply on a larger scale. The primary difference is that a negligent act, such as a company selling a defective product, caused similar injuries to a large number of people.

The best way to determine if you have a valid claim is to speak with a qualified personal injury lawyer. During a free consultation, an attorney can review the specifics of your situation, the evidence you have, and the applicable laws in California to assess the strength of your case. Our national personal injury law firms have the resources to evaluate whether your injury is part of a larger mass tort litigation.

Most mass tort cases take between two to five years to resolve, but some may take longer. The timeline depends on several factors, including the complexity of the case, the number of plaintiffs involved, and the nature of settlement negotiations. While this may seem like a long time, having a skilled legal team handle the process allows you to focus on your recovery.

It is unlikely. Only a small percentage of mass tort cases ever go to trial. Many are resolved through settlements, often after a series of "bellwether trials." These are early trials for a few selected cases that help all parties—plaintiffs, defendants, and the courts—evaluate the strength and potential value of the claims, which guides the overall settlement process.

Settlements are negotiated agreements to resolve a lawsuit without going to trial. They are based on several factors, including medical evidence, the severity of your injuries, documentation of your financial losses, and other damages you've suffered. In some cases, structured settlements may be used, which can provide tax advantages and guaranteed payments over a set period of time. Our top rated personal injury attorneys will work to secure a settlement that fully compensates you for your unique circumstances.

Mass tort litigation often involves injuries caused by a single negligent source. Common cases include:

• Defective Pharmaceuticals: Harmful side effects from prescription drugs.
• Medical Devices: Injuries caused by faulty implants or surgical devices.
• Consumer Products: Widespread harm from a product with a dangerous design or manufacturing defect.
• Environmental Toxins: Illnesses resulting from exposure to toxic chemicals.
• Corporate Negligence: Large-scale incidents like train crashes or aviation disasters caused by a corporation's failure to maintain safety standards.

California follows a "pure comparative negligence" system. This means that even if you were partially at fault for the incident, you can still recover damages. However, your total compensation will be reduced by your percentage of fault. For example, if a jury awards you $100,000 but finds you were 20% responsible, you would receive $80,000. This rule is designed to ensure a fair outcome, even in complex cases with multiple parties at fault.

Generally, personal injury settlements for physical injuries and sickness are not taxable by the federal or state government. This includes compensation for medical bills, lost wages, and pain and suffering. However, there are exceptions. For example, punitive damages, which are meant to punish a defendant for malicious or grossly negligent conduct, are typically taxable. Lost wages are also considered taxable as well, as it is designed to supplement your income. It is always a good idea to consult with a tax professional to understand your specific circumstances.

To make your initial consultation as productive as possible, we recommend bringing any documents and information you have related to your injury. This may include:

• Medical records, diagnoses, and bills.
• Photos or videos of the accident scene or defective product.
• Prescription information or product packaging.
• Correspondence from insurance companies.
• A written summary of what happened and how your injury has affected your life.