To go more in-depth, that’s a common misconception and a real misunderstanding about the law in the United States.
When you’re claiming a personal injury as a result of a product or someone’s negligence, almost without exception in the United States, it is not a class action.
All of these lawsuits are going to be individually filed in state or federal court. They may get centralized, but all the cases are individually filed, and they remain individual cases.
Video source: Can I become part of an Elmiron class action lawsuit?
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Mass Tort vs. Class Action
All cases in the United States claiming injury as a result of a product or negligence are individually filed. They’re not class actions.
And the reason is that in class actions in the United States, the damage has to be similar to be a class action. Well, personal injuries, almost by definition, are never similar.
- Are you 20 years old or 90 years old?
- Did you lose time from work, or were you retired?
- Did you pass away or not?
- Did you lose money from work, and if you did, how much? Were you making $30,000 a year? Or were you making $100,000 a year?
So because the damages have to be similar, that’s the reason why the law in the United States is that people who are alleging personal injuries, no matter how, can’t be in a class.
They have to be individual lawsuits.
Now, there might be a whole lot of lawsuits, and there generally are. The federal court system might get inundated with these lawsuits across the United States, and they have a way of centralizing the litigation.
So if you file a lawsuit in Alabama, it may get transferred to Chicago for the purposes of discovery, so that one judge can handle that one litigation, make one set of rulings, and everything is consistent throughout the United States, rather than having 20 judges, 200 judges, or more handling the same case, being confronted with the same motions, and maybe the rulings might not be consistent. So they centralize it before one judge sometimes, if there’s enough litigation to warrant centralization.
These individual cases may be consolidated by the court system into a single court to save time and effort, but they remain individual cases. This is when they start being referred to as a “mass tort,” which is a consolidation of individual cases, unlike a “class action,” where cases are represented collectively.
This is why hiring a nationwide law firm is such a good idea: We can represent you regardless of the state where the case is being heard.
Don’t Delay: File Your Defective Drug Injury Claim Against the Makers of Elmiron
If Elmiron has harmed you or a member of your family and you are interested in filing a lawsuit to recover monetary compensation, contact Parker Waichman by calling 1-800-YOUR-LAWYER (1-800-968-7529) for a free case review today.
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