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What is a Mass Tort?

Mass torts refer to civil lawsuits involving a large number of individuals who have suffered similar harm or injuries as a result of a specific action or product. These cases typically arise from incidents such as environmental disasters, defective products, pharmaceutical drugs, or medical devices

Each plaintiff maintains an individual lawsuit, but due to shared legal and factual issues, the cases are often consolidated and managed together. Mass torts in NYC enable plaintiffs to combine resources and improve their chances of obtaining compensation or a favorable resolution.

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Different Types of Mass Tort Claims

Our New York mass tort lawyers at The Law Offices of Michael S. Lamonsoff have represented in a wide range of mass tort claims involving: 

How Do I Know If I Have a Mass Tort Claim?

Determining if you have a mass tort claim typically requires consulting with an experienced attorney. However, there are a few general factors to consider:

  1. Similar harm or injury: Mass tort claims involve a large number of individuals who have suffered similar harm or injuries. If you have experienced harm that is consistent with others affected by a particular action or product, it may indicate the potential for a mass tort claim.
  2. Common cause or product: Mass tort claims often stem from incidents such as environmental disasters, defective products, pharmaceutical drugs, or medical devices. If your harm can be linked to a common cause or product, it may indicate the basis for a mass tort claim.
  3. Legal research: Conduct preliminary research or consult reliable sources to identify ongoing or past mass tort litigations related to your situation. This can help you understand if there are existing cases or precedents that align with your circumstances.

However, it is important to note that determining the viability of a mass tort claim requires a thorough evaluation of the specific details of your case by a qualified attorney. They will assess the facts, evidence, and applicable laws to determine the strength of your claim and guide you accordingly.

How Do I File a Mass Tort Claim?

To file a mass tort claim you must:

  • Consult with an attorney specializing in mass tort cases: They will evaluate your situation, determine if you have a viable claim, and guide you through the process.
  • Gather documentation: Collect all relevant documents, such as medical records, bills, correspondence, and any evidence supporting your claim. These documents will help establish the link between the harm you suffered and the action or product involved.
  • Join an existing lawsuit or initiate a new one: Your attorney will determine if there is an existing mass tort lawsuit that you can join. Alternatively, they may file a new lawsuit on your behalf if necessary. They will draft a complaint that outlines your allegations and the damages you've incurred.
  • Discovery process: During the discovery phase, both parties exchange information and evidence. Your attorney will work to gather additional evidence, interview witnesses, and strengthen your case.
  • Settlement negotiations or trial: Depending on the circumstances, your new york mass tort attorney may engage in settlement negotiations with the defendants or their representatives. If a fair settlement cannot be reached, your case may proceed to trial. Your attorney will represent your interests in court, presenting your case and advocating for the compensation you deserve.

Legal guidance is crucial for a smooth process. Seek professional advice to understand the specific requirements and steps involved in filing your mass tort claim.

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Statute of Limitations for Mass Tort Claims in New York

In New York, the statute of limitations for mass tort claims varies depending on the specific type of claim involved. Generally, the statute of limitations for personal injury claims in New York is 3 years from the date of the injury. Pertaining to this, there are exceptions and different time frames for certain types of claims, such as medical malpractice, product liability, and toxic exposure.

For instance, medical malpractice claims generally have a 2.5-year statute of limitations, but in product liability cases, it’s usually 3 years from the date of injury. There might be some exceptions to this deadline depending on the circumstances, for instance, if the plaintiff was under 18 years old at the time of the incident. For toxic exposure cases, the statute of limitations may depend on when the injury was discovered or should have been reasonably discovered.

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