What Mass Tort in North Carolina Entails

What Mass Tort in North Carolina Entails

May 18, 2023 Off By Glespynorson

Personal injury lawsuits often involve harm to a person. But in some situations, most individuals experience the same because of dangerous chemical or product exposure.

In such a situation, mass tort litigation becomes an avenue for an individual who has been harmed in the same way to get compensated by the negligent party.

What Mass Tort Litigation Is

Mass tort litigation refers to a field of personal injury law that involves injuries or losses to a large group of people. It usually involves injuries that happen because of defective products, which have affected a large population.

Because of the fact that there are many people involved in this litigation, they can be filed as a class action lawsuit. A mass tort often seeks to hold a large business or corporation accountable for injuries.

Damage awards, in this case, can be amazingly high. For that reason, most mass tort attorneys say that states, like North Carolina, have a limited amount of the damages that a particular party may collect from their personal injury case. This is true for people involved in punitive damages in medical malpractice lawsuits.

Types of Mass Tort Lawsuits

Most mass tort cases give every plaintiff a chance to fight for compensation for their injuries, unlike class action lawsuits, which share responsibilities equally among every plaintiff.

Most negligent actions may lead to mass tort cases, often involving harmful business practices or hazardous products. Some of the popular forms of mass torts may include the following:

  • Natural disasters – Usually, this involves natural disasters, such as tornadoes or hurricanes, which produce major injuries and damages. Because no one third-party is accountable for disasters, this type of lawsuit can be complicated.

What Is A Mass Torts Lawsuit?

  • Medical devices and defective drugs – Substandard and dangerous medical equipment and pharmaceuticals fall under the category of product liability and often account for a sizeable part of mass tort cases. Medical devices might be faulty, preventing them from serving their purpose while endangering patients.
  • Dangerous products – Products, which are defective or dangerous are typical targets of a mass tort lawsuit. An injured consumer has the right to sue manufacturers and hold them responsible.

Statute of Limitations for Mass Tort in NC

Like every state, North Carolina has a deadline for filing a mass tort lawsuit. While some states, like Los Angeles, have a deadline of one year, North Carolina has a deadline of five years to file a mass-tort lawsuit.

How Mass Tort Lawsuits in NC Are Handled

If you create multi-district litigation, you can file a lawsuit either in North Carolina or where the litigation is happening. For instance, if you got injured by Nexium in the state, you may file the case in the same place. However, it will be transferred to multi-district litigation, which has been established. And the original law group will continue representing you, file a case on your behalf, and even complete the plan fact sheet.

In a Nutshell!

If you or your relative is a victim of a mass tort case, ensure you look for a qualified and experienced attorney. The sooner your attorney starts to work on your mass tort case, the faster you will get compensation for your losses and damages.