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What is mass tort litigation?

Most Texas residents have heard of lawsuits that affected thousands of plaintiffs in a similar fashion. For example, perhaps a factory was spilling toxic chemicals into the soil around a residential area, and those toxic chemicals led to thousands of people contracting cancer. One way to help these individuals involves a class action lawsuit seeking a certain amount of damages that will be split up among the class members. Another -- and often far superior -- way of resolving this kind of situation involves mass tort litigation.

Just like with a class action lawsuit, mass tort litigation involves the identification of a specific class of injured plaintiff. Perhaps it's 500 people who were hurt by the same dangerous drug. Perhaps it's 3,000 people who got hurt because of a defective automobile part. In a class action lawsuit, one claim would be filed on behalf of all these people. With mass tort litigation, however, an individual lawsuit will be filed for each plaintiff.

Typically, mass tort litigation attorneys will start the process by filing a large chunk of the claims first. The attorney will then litigate those claims without settling them to see how they are decided in court. The success of these claims -- and the types of recoveries the plaintiffs are awarded -- will then establish a basis for settling the rest of the claims.

At Harrison Davis Steakley Morrison, PC, we are passionate about the mass tort litigation process because we have found -- when the mass tort strategy is suitable for a particular class of plaintiffs -- it can achieve far better results than the traditional class action suit. If are one of many people who suffered injury due to the unlawful or negligent actions of a business, organization, government or other at-fault party, our attorneys are available to discuss whether mass tort litigation could help you seek financial damages in court.

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