Boston Mass Tort Attorney

Q: What is the most common mass tort claim?

The most common mass tort claim is related to medical malpractice. This includes cases of wrongful death, failure to diagnose or treat a condition, misdiagnosis, surgical errors, and birth injuries. Personal injury claims can also be a form of mass tort litigation such as those related to defective products (e.g., pharmaceuticals), toxic exposure, and motor vehicle accidents. Other mass tort claims may involve antitrust violations, consumer fraud, deceptive practices, or environmental pollution.

Q: How does mass tort payout work?

Mass tort payouts typically take the form of a group settlement, where each plaintiff agrees to accept an amount of money in exchange for their claim. The total amount of the mass tort payout is divided up among all plaintiffs based on a variety of factors, such as the severity of their injuries and the economic damages they sustained. It is important to note that mass tort payouts are often structured so that those who have suffered more severe injuries receive a larger portion of the overall settlement.

Q: What are three 3 types of damages awarded in a mass tort case?

Compensatory damages: They are designed to compensate plaintiffs for their losses and make them whole again by covering any medical expenses, lost wages, pain and suffering, or other costs associated with their injury. Punitive damages: They are meant to punish the wrongdoer and may be awarded if the defendant’s actions were especially egregious or reckless. Nominal damages: They are small amounts of money intended to recognize the plaintiff’s suffering even when no significant financial damage exists.

If you believe you have a valid claim for a Mass Tort case, you´re in the right place. At Labovick Law Group, our Boston Mass Tort attorneys are dedicated to helping injury victims get the compensation they deserve. We have years of experience fighting for the rights of our clients, and we know what it takes to win a case. Call us today or fill out our online form to schedule a free consultation.

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What is a Mass Tort case?

When multiple individuals have been injured by the same company’s negligence, they can pursue a mass tort court action together. In this type of lawsuit, each plaintiff must prove that the defendant caused them harm; however, it tends to be simpler when many people are involved in one case.

By combining forces with other plaintiffs who share similar injuries or damages due to their common adversary, injured parties may recover compensation for their losses through a mass tort lawsuit.

Some examples of famous Mass Tort cases are:

Invokana: A type 2 diabetes medication manufactured by Johnson & Johnson that has been linked to severe health complications in patients.
PPI drugs such as Nexium and Prilosec: Have been associated with an increased risk of kidney damage, heart attacks, and strokes.
Roundup: An herbicide manufactured by Monsanto that has been linked to cancer when used in large quantities.
Xarelto: A blood thinner manufactured by Janssen Pharmaceuticals that has been linked to life-threatening bleeding events.
Talcum powder products: Have been associated with an increased risk of ovarian cancer when used as a feminine hygiene product.
IVC filter: Has been linked to internal bleeding and other health complications when used to prevent pulmonary embolism.
Essure birth control implants: Have been associated with several health risks including pain, allergic reactions, and autoimmune disorders.
Testosterone replacement therapy: Has been linked to an increased risk of strokes and heart attacks when used in large doses.
Stryker hip replacement devices: Have been associated with many serious health risks including infections and metal poisoning.

How can you know if you´re eligible to be a part of a Mass Tort case?

To determine if you are eligible to be a part of a mass tort case, you must first meet certain criteria:

Suffering similar injuries or damages as other plaintiffs in the case.
Having the same defendant responsible for those damages.
Being able to prove that the defendant’s negligence caused your losses.

If you meet these requirements, you may be eligible to join the case. It is important to speak with a knowledgeable mass tort lawyer who can evaluate your claim and advise you on the best course of action. With their help, you can determine if you are eligible for compensation and how much that might include in damages.

What are the benefits of joining a Mass Tort case?

The primary benefit of joining a mass tort case is that it allows multiple individuals who have been injured by the same defendant to seek compensation for their losses. By joining together, plaintiffs can pool their resources and strength to maximize the chances of a successful outcome in court.

Additionally, when multiple plaintiffs come forward with their individual stories, the defendant may be more likely to settle out of court rather than face a lengthy and expensive trial. This can result in a quicker resolution for all involved, with damages awarded faster.

Having an expert and trusted lawyer is essential. Our team of Warriors for Justice will relentlessly fight for your rights.

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If you need help with your Boston Mass Tort case, we can provide the assistance and resources you require

At LaBovick Law Group, we are experienced and knowledgeable on mass tort lawsuits. Our attorneys have a proven track record of success in these types of cases, having secured hundreds of millions of dollars in settlements and verdicts for our clients.

We are also dedicated to providing personalized, compassionate service to each client throughout the entire legal process. This includes providing detailed advice and guidance regarding your rights and legal options, as well as helping you understand the complexities of mass tort law.

We are warriors for justice. We are committed to achieving the best possible outcome for our clients, whether that is through settlement or a jury verdict in court.

Steps of a mass tort case

Pre-Litigation Investigation: An investigation is conducted to assess the merits of a potential case, including gathering evidence and information regarding the defendant’s negligence or misconduct.
Filing a Complaint: A formal lawsuit is filed against the defendant on behalf of all plaintiffs.
Discovery: Both parties exchange evidence, documents, and information regarding the case, as well as interviewing witnesses and experts.
Pre-Trial Motions: Motions are filed to make certain rulings before trial, such as ones to allow evidence or dismiss certain claims.
Trial: If a settlement is not reached, the case proceeds to trial.
Post-Trial Motions: Additional motions may be filed after the trial to reduce monetary awards or challenge certain rulings.
Appeal: Either party can appeal any ruling or award in court if they are dissatisfied with the outcome of their case.
Settlement: If the defendant is found liable, settlement negotiations may begin to resolve out of court.

How long will your mass tort lawsuit take?

The amount of time it takes for a mass tort claim to be resolved depends on the complexity of the case and the jurisdiction in which it is filed. Generally, most cases proceed through the steps of pre-litigation investigation, filing a complaint, discovery, pre-trial motions, and trial before being resolved. This process can take at least 2 years, depending on a variety of factors.

Additionally, if the case is appealed or if it goes to trial, it may take even longer for it to be resolved. The timeline of your particular mass tort case will depend on several unique factors and can vary significantly from case to case. It is recommended to get in touch with a specialized mass tort attorney, who can give you a transparent answer as to how long your case will take.

The following are key things to expect from a Mass Tort Attorney:

Experienced and knowledgeable: A skillful lawyer should have extensive experience handling these types of cases, as well as a thorough understanding of the complexities of mass tort law.
Compassionate and personalized service: Your mass tort attorney should provide personalized and compassionate service throughout the entire legal process.
Dedication to your best interests: Your attorney should be dedicated to achieving the best possible outcome for their clients, whether that is through settlement or a jury verdict in court.
Advice and guidance: Your mass tort lawyer should provide detailed advice and guidance regarding your rights and legal options throughout the entire case.
Ability to negotiate and litigate: They should have the skills necessary to negotiate effectively with the defendant and litigate your case in court.
Commitment to communication: Your mass tort attorney should keep you informed at every stage of the process, answering any questions or concerns you may have.
Track record of success: The law firm you choose should have a track record of success in handling similar cases and achieving positive results for their clients.

If you’re wondering if our Boston Mass Tort Attorneys can help you, the answer is probably yes—and we’ll do it for free.

If you have been injured by a defective product, medical device, or pharmaceutical drug and are considering filing a mass tort claim, it is important to contact an experienced mass tort attorney. At Labovick Law Group, we have extensive experience handling these types of cases and understand the complexities involved.

We provide personalized and compassionate service throughout the entire process and make sure to keep you informed every step of the way. We are committed to achieving the best possible outcome for our clients and will work hard to ensure that your rights are protected.

We understand that financial concerns can be a major source of stress for those filing a mass tort claim. That is why we proudly offer contingency fee services. This means that you only pay us if we can successfully recover compensation on your behalf. We handle all the upfront costs associated with litigating your case and do not get paid unless we win.

Contact us today to learn more about how we can help you with your mass tort claim. We look forward to hearing from you!

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FAQ
about Boston Mass Tort Attorney

What is the most common mass tort claim?

The most common mass tort claim is related to medical malpractice. This includes cases of wrongful death, failure to diagnose or treat a condition, misdiagnosis, surgical errors, and birth injuries. Personal injury claims can also be a form of mass tort litigation such as those related to defective products (e.g., pharmaceuticals), toxic exposure, and motor vehicle accidents. Other mass tort claims may involve antitrust violations, consumer fraud, deceptive practices, or environmental pollution.

How much do lawyers take from settlements in Massachusetts?

In Massachusetts, the amount of money a lawyer is allowed to receive from a settlement depends on the circumstances. Generally speaking, lawyers are only allowed to take 33% or less of the total settlement amount as their fee. In some cases, such as class action lawsuits or complex litigation with multiple defendants, attorneys may be able to collect 40% of the settlement amount.

How does mass tort payout work?

Mass tort payouts typically take the form of a group settlement, where each plaintiff agrees to accept an amount of money in exchange for their claim. The total amount of the mass tort payout is divided up among all plaintiffs based on a variety of factors, such as the severity of their injuries and the economic damages they sustained. It is important to note that mass tort payouts are often structured so that those who have suffered more severe injuries receive a larger portion of the overall settlement.

What are three 3 types of damages awarded in a mass tort case?

Compensatory damages: They are designed to compensate plaintiffs for their losses and make them whole again by covering any medical expenses, lost wages, pain and suffering, or other costs associated with their injury.
Punitive damages: They are meant to punish the wrongdoer and may be awarded if the defendant’s actions were especially egregious or reckless.
Nominal damages: They are small amounts of money intended to recognize the plaintiff’s suffering even when no significant financial damage exists.

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