BEHIND THE PROCESS OF MASS LITIGATION Michael Chhabra
WHO ARE THE VICTIMS? PRECEDENT IS OFTEN SET FOR MASS TORTS IN THE FORM OF PRIOR LITIGATION FROM INDIVIDUAL CASES WHICH RESULTED IN A VERDICTS THAT SERVE AS GUIDELINES FOR FURTHER LEGAL ACTION. A SIGNIFICANT PRODUCT RECALL COULD ALSO PROVIDE THE IMPETUS FOR A MASS TORT. IF THERE EXISTS A PROVEN POPULATION OF VICTIMS OF A SPECIFIC PRODUCT, CONSOLIDATING THESE CLAIMS IN A MASS TORT CAN HELP THEM FIND JUSTICE ON A LARGER SCALE.
WHAT IS REQUIRED OF THE VICTIMS? ONCE THESE INDIVIDUALS CAN BE CONSIDERED CLIENTS OF THE LAW FIRM, THEY WILL UNDERGO EXTENSIVE SCREENING TO ESTABLISH A RELATIONSHIP BETWEEN THE USE OF THE DEFECTIVE DEVICE AND HARM. POTENTIAL CLIENTS WILL BE ASKED A SERIES OF QUESTIONS REGARDING THE DATES THEY FIRST STARTED USING THE DEFECTIVE DRUG OR MEDICAL DEVICE, AS WELL AS THE DATES THAT THEY FIRST STARTED TO EXPERIENCE ANY PROBLEMATIC SIDE EFFECTS.
HOW DO CASES PROCEED? THE COURTS AND LAWYERS WILL SELECT THE MOST RELEVANT CASES TO DEMONSTRATE THE VALUE OF THE CASE AND GIVE A SENSE OF WHAT A RESOLUTION MIGHT LOOK LIKE. THE COURT WILL ALSO EXAMINE IT FROM A SCIENTIFIC PERSPECTIVE.
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