Mass Tort Attorney
in Charleston, WV

Understanding Mass Litigation in West Virginia

A mass tort is a single tort, or wrongful act, that results in injury to many victims; mass tort litigation, therefore, involves numerous plaintiffs suing one defendant (or several defendants) who acted negligently. One common example of this type of litigation is cases involving defective medication. When multiple people use a defective drug, they are likely to suffer significant—but different—damages. The injured parties can take part in mass tort litigation, consolidating their claims for speedier investigation and more extensive legal resources, while still pursuing compensation for their unique damages.

If you were injured by a defective product, harmed by toxic exposure, or suffered some other type of widespread harm caused by a single or multiple entities’ negligent or wrongful conduct, you could have grounds to take part in mass tort litigation. It’s important that you work with an attorney who understand this area of law and who can help ensure your rights are protected.

At Warner Law Offices, PLLC, we have been fighting for the rights of injured individuals throughout West Virginia for more than 20 years. Our attorneys have successfully represented clients against the interests of large, national corporations, insurance providers, and defense teams. We can help you understand your legal rights and fight for the best possible outcome in your unique case.

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Why Take Part in Mass Tort Litigation?

There are many advantages to taking part in a mass tort case:

  • Injured parties can pursue compensation for their unique damages without having to shoulder the full costs of going up against large corporations, manufacturers, and other powerful entities.
  • Mass tort litigation is often more cost-effective and less time-consuming than individual personal injury lawsuits.

Overall, mass tort litigation reduces the total number of cases moving through the legal system, allowing for a more streamlined and timely resolution in many cases.

Class Action vs Mass Tort

Unlike with class action lawsuits, mass tort litigation does not result in a single settlement or verdict that is split among all participating class members. Rather, plaintiffs in a mass tort case can seek individual damages and be compensated for the unique injuries and losses they endured.

Mass torts are the better option for when all victims may be affected very differently. For example, if there is a defective drug lawsuit where some victims might have experienced a few bad side effects from the drug but recovered, and others are filing on behalf of loved ones for wrongful death, the damages would be dramatically different.

On the other hand, if there is something like a defective car part which broke down early and just caused unexpected replacement costs, a class action lawsuit might make more sense, because everyone was affected more or less evenly.

a person in blue gloves holding a magnifying glass examining prescription pills

Common Types of Mass Tort Cases

In most mass tort cases, various individual plaintiffs must sue a liable party or multiple defendants based on harm caused by a single common tort. A “tort” is an act of wrongdoing or negligence that gives rise to legal liability.

Two of the most frequent mass tort claims are:

  • Consumer Product Claims: Many plaintiffs might sue together seeking compensation for injuries (or even deaths) caused by dangerous products
  • Pharmaceutical Claims: Unfortunately, even medical products such as drugs—both prescribed by a doctor and over-the-counter—intended to help you can be dangerous or deadly

For those injured by defective products or pharmaceutical drugs, there are many reasons to take part in mass tort litigation. One is that the investigation and preparation that goes into a mass tort case can often be transferred from one client to another, which can vastly increase efficiency.

Because the West Virginia mass tort attorneys at Warner Law Offices, PLLC have many years of experience with product liability litigation, we can make the process of demanding compensation from a blameworthy manufacturer even more efficient. We strive to leverage our extensive knowledge, experience, and preparation to ease the process of seeking compensation for your losses and reduce the stress you are facing.

Damages in Mass Tort Cases

Although mass tort litigation is similar to class action litigation, one of the key differences is how damages are awarded. In a class action case, once a settlement or verdict is reached, the payment is distributed among all participating individuals, known as “class members.” As such, the size of the class can have a considerable impact on each class member’s recovery.

In mass tort cases, however, each individual plaintiff files their own lawsuit. In this way, they are able to seek compensation for their unique damages and recover a settlement or verdict that is specific to their losses. This makes sense, as individuals are likely to suffer a wide range of damages in varying degrees due when harmed by defective products, medications, medical devices, and environmental contamination.

Depending on the exact injuries and losses you suffered, you may be able to recover the following damages in a mass tort case:

  • Loss of income/wages
  • Medical care costs
  • Pain and suffering
  • Property damage
  • Loss of earning capacity due to disability
  • Future projected expenses
  • Loss of business revenue
  • Punitive/exemplary damages

Our West Virginia mass tort attorneys can sit down with you during a complimentary case evaluation and help evaluate the potential value of your case. We are happy to answer any questions you may have and can discuss your options for seeking justice and the fair recovery you are owed.

Contact Warner Law Offices, PLLC Today

When you or someone you love has been harmed by another’s negligent or wrongful conduct, you deserve dedicated legal representation. At Warner Law Offices, PLLC, we are committed to providing our clients with the honest and attentive communication they deserve, as well as the aggressive, results-oriented advocacy they need. We strive to not only help our individual clients get back on their feet but also to hold negligent corporations, manufacturers, distributors, and other entities responsible to ensure our communities are safer and better for all.

Contact us today at 304-345-6789 to schedule a no-cost, no-obligation consultation with a member of our team. We respond within the hour to all calls.

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Attorney Bobby Warner
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Bobby Warner

Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.

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