While many accidents in our area involve a single defendant inadvertently harming a single person, sometimes a defendant’s actions end up impacting numerous people all at once or over a period of time. In these scenarios, an individual plaintiff may have trouble getting a traditional lawsuit heard in a timely manner, given the number of other parties who might also have grounds to file suit against the same defendant.
Depending on the circumstances of your case, an elite trial lawyer from our firm may advise you to work with other injured individuals to file suit against a single defendant. An experienced Orillia class action lawyer from Rastin Law could help you determine whether pursuing a mass tort claim would be in your best interests and identify other members of the same class who might be entitled to recovery as well.
At a basic level, traditional civil lawsuits and class actions are based on the same general principles: holding a negligent defendant financially liable for the harm they caused through their reckless behaviour. The primary difference in these cases is the number of plaintiffs. While a typical lawsuit represents the interests of only the filing plaintiff, a mass tort claim seeks recovery on behalf of an entire “class” of plaintiffs with similar or identical causes of action.
Class action litigation is not meant for small cases, such as those involving a single car accident that results in injuries to several people. Rather, the “classes” in mass tort claims typically have dozens, hundreds, or even thousands of members, all of whom would have virtually identical cases if they tried to file individually.
A pharmaceutical company injuring hundreds of consumers with a dangerous or defective drug could form the basis of a successful class action lawsuit. A local lawyer could also help initiate class action litigation for defective consumer products, nursing home abuse and neglect, and widespread medical negligence.
Every mass tort claim must have a representative plaintiff who represents the collective interests of everyone in their class. Anyone who fits the criteria for class membership is automatically eligible to recover compensation from a successful class action lawsuit, unless they make an explicit request to not be part of the case.
Before your case can officially start, the representative plaintiff – whether that’s you or someone else – must petition an Ontario court for an Order of Certification. This confirms that you have valid grounds for a lawsuit and that you are justified in pursuing recovery from the defendant through class action litigation rather than an individual lawsuit. Whether you are a representative plaintiff or simply a class member of an existing lawsuit, a mass tort claims lawyer in Orillia could help you collect evidence for your case and pursue a favorable resolution in or out of court.
Class action lawsuits are complicated ordeals, regardless of how obvious a defendant’s liability may appear. If you want to take on the role of representative plaintiff in a mass tort claim, seeking help from a qualified legal professional may be crucial to effectively proving negligence and recovering compensation on behalf of other class members.
An Orillia class action lawyer from our team could discuss your case and legal options during a confidential consultation. Call Rastin Law today to schedule your initial meeting with a lawyer.