In today’s increasingly litigious society, many people wonder if lawsuits are causing too much litigation and perhaps too much mass. As it turns out, the answer to that question may be both yes and no. It is difficult to say because there are so many factors affecting litigation, which determine the final outcome of a case. Some factors, such as the economy, will impact the decisions of individuals and small businesses more than large corporations with deep pockets. However, on the flip side, mass tort litigation can cause the loss of enormous sums of money for corporations that have been sued. The reality is that large and complex corporations often face no competition when they file suits because the very nature of their industry makes it extremely difficult for new companies to enter.
One factor that will affect the amount of litigation is the number of class action cases.
Many states have very large mandatory minimums for class actions, making it extremely difficult for new businesses or individuals to pursue litigation against corporations. Many plaintiffs lawyers do not even begin to consider the possibility of a class action when they are preparing a case, believing that they need the services of an expert in order to build a strong case. Yet, without an expert, class action lawsuits will have a much smaller chance of success. An expert will examine every aspect of the case and ensure that the plaintiffs lawyers can prove that the defendant knew about the defrauding of its customers.
Another factor that will affect the number of lawsuits is the cost of litigants.
If the plaintiff has many class actions, then the potential litigation funding may be significantly less than if the individual plaintiffs attorneys brought the lawsuits themselves. It also costs money to hire an expert. Without an expert to help plaintiffs’ attorneys, they could spend more time researching the case and trying to make a convincing case. This could result in fewer class actions being successful.
A third factor that may affect the number of mass lawsuits is the personality of the judges that handle the cases.
Some judges may believe that the lawsuits should be handled in a court of law, while others may believe that the courts can deal with the situation better. Judge William J. Birnbaum said this recently: “I certainly hope that the courts are capable of handling mass lawsuits, but they seem to be unwilling to do so.” Mr. Birnbaum also mentioned that he had seen people on television who were advising people to skip court and instead hire their own lawyers.
Some companies may try to avoid lawsuits over issues such as defective products and anti-depressant abuse because they may face a hefty compensation liability if a lawsuit is filed.
However, there are some exceptions to this rule. One of these exceptions is the wrongful death lawsuit that may be brought on behalf of a family member who has died as the result of the manufacturer’s negligence. Sometimes victims who have died can sue for damages even without a mass lawsuit. One of the reasons that this exception is available is that sometimes manufactures will add an anti-depressant to their products and not tell them that it is an anti-depressant and that if you have a problem with it then stop using it or change the doctor that prescribed it. The manufacturers argue that if a victim has a sickness and decides to sue then this could cause a rise in cases of involuntary child abuse which they are required to protect against.
There are many more types of tort cases where there is a possibility that attorneys can sue for damages.
If you are faced with a situation where you need to seek expert witnesses to help you with your case, you should contact a wrongful death attorney who has experience in filing and winning lawsuits on behalf of families who have suffered wrongful deaths. A pharmaceutical mass lawsuits lawyer can provide you with expert testimony about the dangers of using particular pharmaceuticals and the benefits of not allowing your children to use certain pharmaceuticals. In addition to seeking expert testimony in this area you should also ask your pharmacist and health care provider questions about the safety of the pharmaceutical products that you use.
