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Prescott Mass Torts Lawyer

When we purchase products, such as medications, car parts, or pots and pans for the kitchen, or anything that can possibly be harmful, we normally expect them to be safe to use. Companies are held by law to a legal standard of care to make sure their products are not defective or unreasonably dangerous. Most common types of mass tort lawsuits tend to be product liability claims. “Mass tort” means that a large group of people has purchased and been harmed by a product despite following the instructions and using the product in the intended way, and this large “Mass tort” group members seek a legal remedy for the harm caused. 

At Jensen Phelan Law Firm, we have over 65 years of combined experience protecting the rights of those injured by the carelessness and recklessness of individuals and entities. When you’re injured, you need and deserve the help of top-quality Prescott mass tort attorneys who can help you not just navigate the litigation process but secure the best possible outcome. Pursuing a mass tort case may feel daunting and overwhelming, but at Jensen Phelan Law Firm, we make sure you feel confident that your best interests and rights are at the forefront, from beginning to end.  

How to Know If You Have a Mass Tort Case

Mass tort lawsuits arise when you’ve been injured or suffered damages as a result of a product defect, environmental contamination, or a pharmaceutical drug. There are some steps you can take to determine if you have a potential mass tort case:

  • Research the product or action: Investigating the product or action that caused your injury or damages is a good way to determine whether or not others were impacted and harmed under similar circumstances or by the same product. If there have been multiple similar incidents or lawsuits filed against the product or action, it may be an indicator of a mass tort case.
  • Gather evidence: Collect any evidence you have related to your injury or damages, such as medical records, receipts, and photographs. This evidence can be crucial in supporting your case should you proceed with a mass tort lawsuit.
  • Join a mass tort lawsuit: After conducting thorough research and collecting evidence, and you determine that you have a potential mass tort case, you may be able to join an existing mass tort lawsuit or file your own case. A Prescott mass tort attorney can be incredibly helpful and beneficial in helping you determine the best course of action.

It’s important to act quickly if you believe you have a mass tort case in Arizona. There may be a statute of limitations that restricts the amount of time you have to file a claim, so it’s best to seek legal advice as soon as possible. Therefore, the sooner you speak with a mass tort attorney, the better your chances are of obtaining fair compensation. 

What Does Mass Tort Mean and How Is It Different From a Class Action Lawsuit?

Mass tort refers to a legal action brought by a large group of people who have suffered harm from the same product or action against one or more defendants (the people or entities responsible for the harm). In Arizona, a mass tort typically involves a group of people who have been injured or suffered damages as a result of a single event, such as a product defect, environmental contamination, or a pharmaceutical drug.

Mass tort cases are similar to class action lawsuits, but with some key differences. Class action and mass tort lawsuits are both legal actions that involve multiple plaintiffs, but they have some important differences, including:

Number of Plaintiffs

In a class action lawsuit, a large group of people collectively file a single lawsuit. In contrast, in a mass tort lawsuit, each plaintiff typically has an individual claim and must prove their own damages.

Nature of Claims

Class action lawsuits typically involve claims of harm caused by a product or action that affects  large groups of people in a similar way, such as defective and dangerous products. In contrast, mass tort lawsuits typically involve individual claims of harm most often caused by a product or action, such as medical devices, dangerous drugs, or environmental contamination.

Trial Process

In a class action lawsuit,all  the claims are typically tried together, and the damages are shared according to “tiers,” categories based upon degrees of harm and damages, among the plaintiffs. However, in a mass tort lawsuit, the claims may be settled or tried separately, and the damages are awarded to each plaintiff individually.


In class action lawsuits, a settlement is often negotiated between the defendant(s) and the representative plaintiff(s) on behalf of the entire class. On the other hand, in a mass tort lawsuit, each plaintiff may negotiate their own settlement with the defendant(s).

Certification Process

In a class action lawsuit, the plaintiffs must obtain certification from the court before proceeding with the case as a class action. In contrast, in a mass tort lawsuit, each plaintiff can proceed with their own individual claim without certification.

How Is Compensation Handled in Mass Tort Cases?

Compensation for plaintiffs in Arizona mass tort cases is typically determined on an individual basis based on the specific damages that each plaintiff has suffered. In a mass tort case, each plaintiff must prove their own injuries or damages and may receive compensation that is specific to their individual circumstances.

There are several types of damages that plaintiffs may be eligible to receive in an Arizona mass tort case, including:

  • Economic damages: Economic damages are tangible losses that can be measured in financial terms, such as medical expenses, lost wages, and property damage (past and future).
  • Non-economic damages: Non-economic damages are intangible losses that can’t be measured in financial terms, such as pain and suffering, emotional distress, and loss of enjoyment of life (both past and future).
  • Punitive damages: Punitive damages are intended to punish the defendant for particularly egregious conduct and to deter similar conduct in the future.

The amount of compensation that each plaintiff may receive will depend on a variety of factors, such as the severity of their injuries or damages, the extent of the defendant’s liability, and the strength of the evidence in support of their claim. It’s important to work with an experienced attorney in Arizona who can help you evaluate your case, determine the types of damages you may be eligible to receive, and fight for the compensation you deserve.

Retain Our Specialized Prescott Mass Tort Attorney at Jensen Phelan Law Firm

Our lawyers at Jensen Phelan Law Firm utilize their experience, dedication, compassion, and tenacity to help our clients get the best possible results, handling their cases in a way that is comfortable for them and keeps their best interests at the forefront. We are proud to provide the top-quality legal services and representation you deserve. 

When you work with Jensen Phelan Law Firm, you can feel confident that our primary concern is protecting your best interests. We offer a free assessment of your case and an explanation of your rights so you understand the nuances of your mass tort case and can make an informed decision on the best course of action. Contact us today by completing our online contact form or calling (928) 778-2660.