Mass Tort Attorneys Serving Dothan and All Alabama
The Alabama mass tort lawyers at Morris, Andrews, Talmadge & Driggers, LLC believe that injury victims are entitled to full compensation. When harm is the result of corporate or professional negligence, regardless of the industry, we are here to help victims of serious, life-altering injuries seek the justice they truly deserve, be that through individual lawsuits or collective action.
Mass torts are legal actions brought by a large number of individuals who have suffered similar injuries from the same product, device, or behavior. Often grouped by region, mass torts consolidate several legal claims into a single action against a common defendant. This helps to ease court burdens while building an even stronger case against the negligent party.
However, while mass tort plaintiffs are part of a larger group, each claim is treated individually. This enables plaintiffs with varying degrees of damages to seek the compensation appropriate for their specific circumstances, a distinguishing factor that makes mass torts very different from class action lawsuits.
At Morris, Andrews, Talmadge & Driggers, we fight for people who have been seriously injured by defective products, dangerous medications, faulty medical devices, and more. If you have sustained a life-changing injury, we are here to listen to your story and help you understand your options.
Call us today at (334) 316-0930 to schedule your FREE case review at our Dothan or Mobile office. We serve families and individuals living throughout Alabama.
Testimonials From Former Clients
Mr.Driggers is a wonderful Lawyer that knows the law, he helped me when I had no idea in my situation where to start and what to do, he worked with me hands on and got the best results for me in my case. It was a privilege to get to know him as my lawyer and a friend. If you need legal representation call him you will be satisfied.
I would highly recommend Cory Driggers. He kept me informed all during my case. I never felt left in the dark. He was always straightforward with me . I can’t express how impressed I was with him.
The staff handled my case in a prompt and professional manner. They returned my calls in a timely fashion and was always prepared to answer any questions. Furthermore, Attorney Driggers is a Christian man and first class professional. I am certainly happy that i was represented by this Law Firm.
I would recommend Mr. Driggers to anybody needing legal help him and his staff first of all are very nice to you and act like they are very understanding to your needs. He talked to me on the phone like he knew me all my life and that really mattered to me. When we had our hearing he treated me like he had already met me and he hadn’t, I just really loved him and have already been telling people about him and his office.
“Our family is so thankful for Mark, Dan and their entire team. Every step of the way they made sure we were comfortable and understood every aspect of our case. It was apparent that our interest was …”
“I was pleased with their work and the outcome of my case.”
Attorney Driggers and his team did a wonderful job with my case. They were professional and pleasant. They were patient with me and answered all my questions. They addressed all my concerns from the first conversation to the last. I would highly recommend him to anyone needing an attorney.
Cory was absolutely fantastic. He settled my case beyond what I could even imagine. Not only was he very knowledgeable concerning the law, he was available whenever we needed him, Cory was also so kind and courteous to us at all times. During the time since my case ended I have called on Cory several times to ask questions related to situations I have had going on and he has always been available to help me. I would recommend Cory without a second thought to any friend, family member, co-worker or acquaintance.
Love, love, love these people! When no one out there seems to care, let me tell you that this group right here will fight tooth and nail for you.
“Never in a million years did I believe that these attorneys would do everything possible to seek justice.”
Joey (and his team) was extremely helpful in a time when we did not know what to do. His professional approach gave us assurance while he settled our case.
Cory Driggers represented my daughter following an car accident. He showed real genuine care for her and the case. He and his staff worked to get all of the medical bills gathered and also to get them decreased. Cory kept us updated and contacted my daughter when decisions needed to be made. Ultimately, Cory got what my daughter deserved for her injuries and my daughter was completely satisfied. I would recommend Cory to anyone that is looking for a good Christian attorney. Thanks Cory for your help!
I would highly recommend Cory Driggers. He kept me informed all during my case. I never felt left in the dark. He was always straightforward with me. I can’t express how impressed I was with him.
Cory and his staff are very professional and make you feel at ease whether it is by phone or in person. My case was solved quickly and very efficiently. Thanks for everything!!
Hired Joseph Morris to handle my car accident and he did a great job at handling the case and explained the process as the case went. I would highly recommend him.
“I’ve had Joey take care of three separate cases and two for other family members. The service was always great and he was always there to answer my questions no matter how many times I called. Great m …”
What Are the Most Common Types of Mass Tort Cases?
A tort is a type of legal case in which an individual or entity is held responsible for causing harm or injury to someone else through negligence, intentional actions, or strict liability. When a large number of individuals suffer similar harm or injuries due to the actions of a common defendant, it may give rise to a mass tort case.
Commonly, mass tort cases in Alabama revolve around:
- Dangerous and Defective Medications. Dangerous drugs can cause significant harm and injuries. This is true for both prescription and OTC medications. Examples include acetaminophen, low testosterone medications, and various mood stabilizers.
- Defective Medical Devices. Faulty medical devices can cause injuries, complications, and the need for additional surgeries. Examples include defective hip or knee implants, surgical mesh, CPAP machines, and pacemakers.
- Environmental Contamination. Exposure to toxic substances, environmental disasters like chemical spills, air and water pollution, and other hazardous materials can easily cause widespread harm and long-term health issues. Examples include lead-poisoned drinking water, hazardous spills, and even harm from common household products, such as those containing glyphosate.
- Defective or Dangerous Products. Defective or dangerous consumer products frequently result in serious injury. Examples include faulty vehicle parts like airbags and ignition switches, unsafe electronics, and harmful building materials like asbestos.
- Professional Negligence. Professional malpractice, such as medical negligence cases involving hospitals, nursing homes, or healthcare providers, can injure a significant number of individuals. Examples include neglect, abuse, and oversight that result in serious or fatal harm.
- Workplace Hazards. Workplace injuries or exposure to hazardous conditions injure and kill thousands of people yearly. Some of these qualify for legal action. Examples include toxic chemical exposure, industrial accidents, and generally unsafe work environments.
In addition to these issues, catastrophic events like airplane crashes, train accidents, or building collapse can cause numerous individuals to suffer injury, loss of life, or property damage. These, too, may become mass torts as opposed to individual actions.
Mass tort cases can involve nearly any consumer good, product, or service. Because they involve multiple claims, they often result in significant settlements or verdicts. Consulting with an experienced mass tort attorney is the best way to determine the viability of your case and learn about your available legal options.
The mass tort lawyers at Morris, Andrews, Talmadge & Driggers have 130 years of collective legal experience helping victims of injury get justice. Call us today to learn how we can help you.
How Do I Know If I Am Eligible for a Mass Tort Claim?
Factors that are used to determine a plaintiff’s eligibility to participate in a mass tort include:
- Injury or Damage. Have you suffered an injury? This may include physical harm, financial loss, emotional suffering, and more.
- Causation. Can your injury be directly linked to the product or action in question? Is there a clear cause-and-effect relationship between your injury and the defendant’s actions/inaction?
- Group of Similarly Harmed Individuals. Are there other people who have suffered similar harm from the same product or entity? Because mass torts involve a large number of plaintiffs, if it’s just you or a small number of people, a personal injury claim may be more appropriate.
Determining your eligibility for a mass tort claim involves assessing several factors, including whether other people have experienced similar harm. When you come to our office for your complimentary consultation, we will carefully assess your case, comparing it to others as appropriate, to help you determine the best course of action.
Is Mass Tort the Same As Class Action?
While somewhat similar, mass tort claims and class action lawsuits are not the same thing.
In a class action, a single person or a small group of people known as “class representatives” file suit on behalf of all potential victims. Under these proceedings, individual claims are lumped into a single lawsuit seeking a verdict or settlement to be divided equally among all class members. This can significantly reduce the amount of compensation provided to individual victims, regardless of the damages they have suffered.
In a mass tort, each person has their own separate-but-related lawsuit. These cases are grouped together to make things more efficient for the courts, but each person gets to argue their own case to seek the best outcome. When deemed appropriate by the courts, mass torts may be consolidated into multidistrict litigation (MDL) in an attempt to encourage settlement before a trial becomes necessary, but even in these cases, a mass tort can result in significantly more compensation for individual victims.
Both class action lawsuits and mass tort cases can revolve around defective products, dangerous medications, faulty medical devices, and more. Mass torts simply allow for greater variability in individual awards. The best way to determine which option might be most suitable for your claim is through a confidential consultation at our Mobile or Dothan office.
What is Multidistrict Litigation?
When several cases involving the same issue are pending across various federal districts, they may be combined into multidistrict litigation (MDL) for pre-trial proceedings. MDL is a federal procedure that allows myriad cases to be heard by a single judge, which can help to streamline the process of settling claims. In addition, MDL can help to prevent duplicative discovery and inconsistent rulings, and to conserve the resources of all concerned parties.
If cases aren’t settled at the conclusion of MDL pretrial proceedings, they are typically transferred back (“remanded”) to the original federal courts for trial. This procedure allows for the most efficient handling of complex litigation while ensuring the best possible outcomes for all parties involved.
Bear in mind that MDL is a federal process. Even if a mass tort lawsuit is initially filed in Alabama state court, it may be moved to federal court under certain circumstances, such as when plaintiffs come from several different regions, an issue known as a “diversity of citizenship,” and damages exceed $75,000. (See 28 U.S.C. § 1332) When a case is moved to federal court, you may be required to travel for hearings.
Our Alabama mass tort lawyers know how confusing mass tort litigation can be. We are here to help demystify the process and will remain committed to keeping you informed and involved in every decision made about your case.
What Kind of Compensation Can I Pursue in a Mass Tort Claim?
There are two primary types of damages sought in mass tort actions. These are:
- Special Damages. Alternatively known as economic damages, special damages include things like medical bills, lost wages and earning capacity, and assistive technologies which have a fixed and establishable cost.
- General Damages. Also known as non-economic damages, general damages seek justice for things that do not have an established cost, such as physical pain, emotional suffering, PTSD, and forced changes to lifestyle.
If a company has acted with extremely reckless behavior or shown wanton disregard for the safety of consumers, punitive damages may be sought in mass tort claims as well. However, it is extremely rare for punitive damages to be awarded and, when they are, they are capped by state law. (See Alabama Code § 6-11-21)
Our Alabama mass tort lawyers are prepared to pursue every type of compensation justice demands. Get in touch today to schedule your FREE case review and learn what your claim may actually be worth.
How Long Do I Have to Join a Mass Tort?
You have two years from the date of your injury to file a lawsuit in Alabama. (See Alabama Code § 6-2-38) This is true for both individual claims and mass torts. It is typically best, however, to take action long before the statute of limitations approaches.
The sooner you contact Morris, Andrews, Talmadge & Driggers, the sooner our personal injury lawyers can start gathering evidence, talking to witnesses, reviewing medical records, and working to build a strong case on your behalf. The earlier we start, the better chance we have of preserving everything we need to tell your story in the most compelling way possible.
Of course, while swift action can help improve the viability of a claim, acting quickly is about more than building a strong case. It’s also about giving you peace of mind, knowing that a dedicated legal team is fighting for your rights. And about knowing that, no matter what techniques defense attorneys and insurance companies employ, you do not have to face them alone.
The lawyers at Morris, Andrews, Talmadge & Driggers don’t want you to have to face these challenges alone. We are here to listen to your story, discuss your options, and provide FREE legal advice on how best to move forward with your claim.
How Long Do Mass Tort Claims Take to Resolve?
Some mass torts settle quickly. Others take several months or even years to resolve. The complexity of these claims and the success of MDL will both play a role in the length of time it takes to resolve a mass tort.
Factors that can impact mass tort litigation include:
- The Number of Plaintiffs. Mass tort cases involve many plaintiffs, sometimes even thousands. When each of these plaintiffs has differing degrees of general and special damages, it makes the case more complex and time-consuming.
- The Complexity of the Issue. If the case involves complex scientific, medical, or technical issues, it may require expert testimony, which can lengthen the process.
- Legal Procedures. Pretrial proceedings alone can take years, and each case must still go to trial if a settlement isn’t reached.
- The Defendant’s Approach. If the defendant chooses to fight each claim aggressively, it can lengthen proceedings. However, in some cases, the defendant might decide to settle after a few bellwether trials if the outcomes are not favorable.
- Appeals. After a verdict, there might be an appeal, which can take additional years to resolve.
When you work with our firm, we will keep you informed of timelines and proceedings to ensure you are never left in the dark. We will stand by your side to provide support, guidance, and expert legal representation until your claim has been resolved.
What Is a Bellwether Trial? A Closer Look
A bellwether trial is used to test a claim that has been selected from a larger group of similar cases. It is designed to guide both the plaintiffs and defendants in assessing the potential outcomes of the remaining cases, gauging the relative strengths of the arguments, and predicting the potential settlement value of additional claims.
Typically, a small number of representative cases are chosen by both parties and brought to trial. These cases are typically the most representative of the larger group in terms of facts, legal theories, and damages. The outcome of the bellwether trial serves as an indicator or “bellwether” for how other cases might fare in terms of liability and damages.
It is important to remember that the results of bellwether trials are not legally binding on the untried cases remaining in the mass tort. They can, however, influence the direction of litigation, encourage settlement discussions, and potentially lead to swifter resolution.
Our Alabama Mass Tort Lawyers Are Here to Help
The Alabama mass tort lawyers at our Dothan and Mobile offices have a proud history of securing significant compensation for victims of serious injury. Our competent litigators know how to prepare mass torts for MDL, bellwether, and civil trials, and are prepared to take claims as far as necessary in our pursuit of justice. We work on a contingency basis, meaning you owe us nothing if you don’t win your case.
You have absolutely nothing to lose by reaching out to schedule a cost and obligation-FREE consultation with one of our experienced attorneys.
If you have been injured or a loved one has been killed by a defective product, dangerous medication, faulty medical device, or through someone else’s negligence, contact Morris, Andrews, Talmadge & Driggers online or by calling (334) 316-0930 to schedule your FREE consultation today. We serve victims of serious injury living throughout Alabama from our offices in Mobile and Dothan.