Monongalia County Mass Torts Lawyer
Mass torts are often the result of the negligence of one or a few defendants who did not act in a manner that a reasonably prudent person would. For example, a chemical manufacturer may have known that a pesticide was dangerous, or an energy company may have been aware that safety checks were not being properly conducted in a mine. These defendants could have acted to prevent injuries and damages to the plaintiffs, but they did not.
If you were harmed in an accident or injured due to a dangerous product or medication, a Monongalia County mass torts lawyer could help the at-fault parties accountable. With a skilled personal injury attorney by your side, you could pursue compensation for your losses.
What is a Mass Tort Lawsuit?
A mass tort lawsuit involves multiple plaintiffs and their families who were injured or killed in one large event or due to the same dangerous product. These cases usually involves one or a few defendants. West Virginia courts have heard many mass tort lawsuits, and the state has a unique legal mechanism for handling these claims.
Examples of mass tort lawsuits include:
- Public transportation accidents, such as a train or a plane crash
- Contaminated food
- Toxic chemical exposure
In United States federal courts, when mass tort plaintiffs come from multiple states, the lawsuits can often be consolidated into what is known as multi-district litigation (MDL) claims.
Mass Litigation Panels
To help facilitate mass tort lawsuits, West Virginia established a Mass Litigation Panel. Under West Virginia Trial Court Rule 26, this panel has an important and unique role in mass tort cases. The purpose of the panel is to help victims and their families move smoothly and efficiently through the court system with as little expense as possible.
Events leading to mass torts are often catastrophic and impact a large number of victims, so these cases require the utmost in sensitivity and compassion from both the judges on the Mass Litigation Panel and the plaintiff’s Monongalia County mass torts attorney.
Liability and Damages in Monongalia County Mass Tort Cases
It is the job of a mass torts lawyer in Monongalia County to show that the defendants are responsible for the victim’s injuries. In general, it must be shown that the defendants did not conduct themselves in a manner that a reasonably prudent person in their position would. Additionally, the plaintiff must have damages that the courts can grant relief for.
There are different ways to go about proving liability, but in general, the attorney will attempt to demonstrate to the court that:
- The defendant owed a duty of care to the plaintiff
- The defendant failed to uphold that duty of care
- The breach of the duty of care directly caused injuries to the plaintiff
- The plaintiff suffered from physical, emotional, mental, financial, and other damages as a result of their injuries
Hire an Experienced Monongalia County Mass Torts Attorney
A seasoned Monongalia mass torts lawyer could seek compensation packages either through litigation or settlement. Hiring an experienced attorney could make a critical difference in the outcome of a case. Protect your legal rights and interests by contacting a lawyer today.