Mass tort litigation will never take place in a criminal court. The litigation of mass tort claims influences the decision of a jury in a court that hears civil cases. The plaintiff making each claim has been injured by another person or by a corporation.
If the careless and neglectful behavior that caused the injury has been sufficiently egregious, the defendant may have to appear in both a criminal and a civil court. In a criminal court, an attorney for the government speaks for the plaintiff (the people that support the same government). If a civil case, the injured victim gets assigned the role of plaintiff.
In both cases, the same person takes the seat that has been assigned to the defendant. That is the person that has been charged with causing the victim’s injuries. In both cases that defendant might be found guilty of careless and neglectful behavior. In a civil case, the guilty defendant can appeal the decision or pay a given sum of money to the plaintiff. In a criminal case, the guilty party can appeal the decision, or accept whatever punishment the court has chosen.
Most common examples of such a claim
Consumer product claims, where a group of consumers have charged a manufacturer with product liability. Pharmaceutical claims, where the maker of the defective product, the company charged with liability is a pharmaceutical company.
The factors a court will consider, before hearing the cases in a mass tort action
• How many plaintiffs will be presenting a case?
• How far away do each of the plaintiffs live from the courthouse?
• Do all of the victims have similar injuries?
• Do all of the victims point to a common cause for their injuries?
One way that a mass tort action is similar to a class action lawsuit
If the court agrees to such an [mass tort] action, then notice of the scheduled court proceedings can be placed in any of the newspapers in the area. Similarly, prior to hearings for a class action, information about the case might be spread by means of newspapers, magazines or even televised advertisements.
How the two types of lawsuits differ
In a mass tort action suit, every plaintiff is entitled to file an individual claim. By the same token, each plaintiff has a separate trial. In a class action lawsuit, the charges made by all the different plaintiffs are viewed as one and get considered during a single trial. Most of these cases are represented by personal injury lawyer in Campbell River and Abbotsford.
Tort actions taken by a group (mass) of people offer each plaintiff the chance to highlight his or her particular complaint. Hence, the public gets a better view of all the weaknesses in a product or service that has been offered by a particular company. Class actions do a better job of handling a large number of plaintiffs. Still, those same plaintiffs seldom get a substantial reward. The plaintiffs have to share the money awarded by the court.