When larger groups of individuals have been injured by the same improper conduct, the sheer numbers of potential claimants present a daunting challenge to the courts and the civil justice system. As a means of accommodating these cases, special procedures have been developed by legislation and court decisions.
An example is the “Class Action,” which is a civil court procedure under which a lawsuit is brought by one or more plaintiffs on behalf of a larger group who share a common legal claim. Often, rights or liabilities can be better determined as a group rather than in a series of individual suits. Some Class Actions allow lawyers to protect the rights of a large group of people where no individual party has sufficient economic incentives or resources to bring suit on his own.
When the requirements of a class action are not met, large numbers of cases can still be handled through creative use of the procedures established for the courts. Such cases are sometimes referred to as Mass Torts and they serve a similar purpose to that of the class action.
Class Action and Mass Tort suits have performed valuable social functions and have developed into a way of managing complex, multiparty litigation.
Michael and Joshua Palmintier have had considerable experience in Class Action and Mass Tort litigation. They can help you determine if this course of action is the best path for your case.