Are Damages for Mass Tort Claims Sought Case by Case or as a Group?

Are Damages for Mass Tort Claims Sought Case by Case or as a Group?


Damages for mass tort claims are sought on a case-by-case basis. Each victim will get to pursue damages from the defendant particular to his or her situation.

Clarifying the Difference Between Mass Torts and Class Actions

To better explain how a mass tort functions, it might be helpful to compare it to class-action lawsuits. In a class-action suit, all the plaintiffs’ damages are added into one big claim. Come settlement time, the award will be divvied up among the plaintiffs, irrespective of the particular damages they suffered.

Mass torts, on the other hand, are individual claims filed against a common company, in which each plaintiff can itemize his or her damages. This is why many group actions that involve personal injuries, such as those against a manufacturer or pharmaceutical company, decide to go the mass tort route. Some victims may have suffered only minor damages, while others suffered major ones; evenly distributing the settlement wouldn’t be fair or practical.

Types of Damages Compensable in a Mass Tort

It can be exceptionally difficult to win a sizable settlement against a large corporation. They have legal teams backing them, and they may search for loopholes to diminish civil liability.

With proper representation, though, it’s quite possible to get the restitution to which you’re entitled. You might be able to seek damages for:

  • Current and future medical bills
  • Injury-related transportation costs
  • Physical therapy and long-term care
  • Lost work time related to your injury
  • Disability and disfigurement
  • The impact the injury has had on your professional life and relationships
  • Pain and suffering
  • Mental and emotional damages

Getting Started with a Mass Tort Claim

The key to a successful settlement is enlisting in the help of a determined trial attorney, well-versed in mass tort law. If you think you might be eligible to file a mass tort claim, contact an attorney immediately.

You’ll also want to start collecting as much evidence as possible. The better you and your attorney can demonstrate your injuries, the more likely you’ll receive the compensation you deserve. This means you want to collect things such as:

  • Bills for all of your injury-related expenses (from hospital bills to prescriptions, from specialist appointments to the cost of hiring someone to take over household duties that you couldn’t do because of your injury)
  • Results from your medical tests
  • Your physicians’ notes and prognoses
  • Income verification (to prove loss of income)
  • Photos of your injury (if applicable) and an injury journal
  • Contact info for any witnesses that might be able to testify on your behalf

Get a Free Consultation with an Attorney

To discuss your legal options, feel free to contact the attorneys at Hensley Legal Group. We help victims pursue damages against businesses and large corporations in mass torts. Call today for a FREE, no-obligation legal consultation at (317) 472-3333.