Mass tort lawsuits in Oklahoma arise when many individuals are injured by the same company or product. Common subjects of mass tort suits are injuries from asbestos, defective medical drugs or devices, and toxic environmental exposures. If your injury is like many others with the same cause, you may be eligible to participate in a mass tort lawsuit.
How Mass Tort Lawsuits in Oklahoma Begin
The best way to find out if you have a valid mass tort claim is to meet with a lawyer who works on these types of cases and explain your situation. A mass tort lawyer will review the facts of your case, then research whether others have been harmed in similar ways. They may talk with other lawyers whose clients have complaints against the same company to discuss the types and severity of the injuries and the evidence they currently have. If the injuries are similar and were caused by the same product, you and the other injured parties can become plaintiffs in a new mass tort action or join one that’s already underway.
The Mass Tort Lawsuit Process Explained Step by Step
Once the mass tort lawsuit is underway, your attorney will work with the other plaintiffs’ lawyers to develop a legal strategy for pursuing compensation. Together, the lawyers will decide which jurisdiction is best suited to hear all the cases and then file multi-district litigation (MDL) in that court. Unlike in class action lawsuits, which bring all injured parties together into a single suit, each lawsuit in an MDL remains a distinct case.
The next step is for the court and the parties to select a core group of cases from the MDL that is representative of all the other cases. These are called “bellwether” cases, which will go to trial first to gauge the strength of the attorneys’ collective strategy.
Next, the bellwether cases proceed to discovery, in which the plaintiffs’ and defendants’ lawyers exchange documents, information, testimony, and other evidence. The plaintiffs’ lawyers share the information they receive during discovery among themselves so that each can make the strongest possible case for their clients.
Once discovery has concluded, the bellwether cases can be tried. The results of these trials allow the court and the parties to assess the strengths and weaknesses of subsequent claims and defenses, and can inform whether the defendant makes settlement offers to avoid taking each suit to trial.
In mass tort actions, including MDLs, each plaintiff’s case is treated separately. Each will be assessed on its merits, and any settlement should be proportionate to the harm done to the individual plaintiff.
What Oklahoma Victims Can Expect During a Mass Tort Case
Oklahoma mass tort claims do not move quickly. Most cases take years to resolve. However, your lawyer will keep you informed of the status of your case throughout the mass tort lawsuit process. They may request additional medical documentation and other records if your treatment is ongoing. While the lawsuit is pending, you will likely be asked not to discuss the litigation with anyone.
How an Oklahoma Mass Tort Lawyer Helps Protect Individual Claims
Now that you know how mass tort cases work, it’s time to find out if you have grounds to join one. Contact Cain Law today for a free consultation with a skilled Oklahoma City mass tort lawyer. We can listen to your story, determine if you have grounds to start or join a mass tort, and pursue your case at no upfront cost to you.
