Oakland Mass Tort Lawyer

If you were harmed by a product, drug, or substance that injured many others, your case might qualify for a mass tort. Indicators include widespread media reports, FDA warnings/recalls, and other lawsuits.

Even without a formal mass tort, you may have a valid product liability or personal injury claim. Mass Tort attorneys can evaluate your situation to determine the best legal strategy, including joining or establishing a mass tort or pursuing an individual lawsuit.

Unlike class actions, mass tort litigation allows you to maintain control over your individual case. You retain the right to make key decisions, such as accepting settlement offers or proceeding to trial, and deciding what damages to seek. Your attorney represents your individual interests. While pretrial proceedings may be coordinated for efficiency, mass torts preserve your autonomy while offering shared resources.

Mass tort cases are complex and involve many plaintiffs, typically taking 2-5 years or more to resolve. Factors such as scientific evidence complexity, the number of plaintiffs, bellwether trials, the defendant's willingness to negotiate, and court schedules all affect the timeline. While lengthy, this duration is critical for building strong cases and securing fair compensation. Attorneys will provide regular updates on progress and realistic timelines.

Mass tort liability can lead companies to bankruptcy, complicating victim compensation. Bankruptcy trusts are established, but recovery depends on the assets and claimants, and the amounts are often lower than those obtained through litigation against solvent defendants. Filing a proof of claim may be necessary.

You may still have claims against other liable parties, such as parent companies, distributors, or successor entities. Mass Tort attorneys are experienced in maximizing recovery from all sources, even in bankruptcy.