MTB Glossary

Glossary of Mass Tort Terms

A

Appeal – A legal process in which a higher court reviews the decision of a lower court to determine if there were any legal errors that could impact the outcome. Arbitration – A form of alternative dispute resolution where an impartial third party makes a binding decision on a legal dispute, avoiding a traditional court trial. Attorney-Client Privilege – A legal principle that keeps communications between an attorney and their client confidential.

B

Bellwether Trial – A representative trial in a mass tort litigation used to test legal theories and predict outcomes for other similar cases. Breach of Duty – A failure to meet a legal or contractual obligation, often a key element in proving negligence. Burden of Proof – The obligation to provide sufficient evidence to support a claim in a legal proceeding.

C

Causation – The link between a defendant’s actions and the harm suffered by the plaintiff, which must be proven in a mass tort case. Class Action – A lawsuit in which one or more plaintiffs file a case on behalf of a larger group with similar claims. Compensatory Damages – Monetary compensation awarded to a plaintiff for actual losses such as medical bills, lost wages, and pain and suffering. Contingency Fee – A payment structure where the lawyer’s fee is only paid if the case is won, typically as a percentage of the settlement.

D

Defendant – The party being accused or sued in a legal case. Discovery – A pre-trial process where both parties exchange information and evidence related to the case. Deposition – A formal statement taken under oath from a witness or party involved in the case, used as evidence in court. Damages – Financial compensation sought by plaintiffs for their losses and suffering caused by the defendant’s actions.

E

Expert Witness – A professional with specialized knowledge who provides testimony in court to support a case. Evidence – Documents, statements, and materials used to support claims made in a legal case. Exposure – The act of coming into contact with a harmful substance or product that leads to injury or illness.

F

Filing a Claim – The process of formally submitting a legal complaint against a defendant. Fault – Legal responsibility for harm caused to another person.

G

Gross Negligence – Extreme carelessness or reckless disregard for the safety and well-being of others.

I

Injury – Physical or financial harm suffered by a plaintiff as a result of a defective product, drug, or environmental hazard. Individual Lawsuit – A single legal action filed by one person rather than as part of a larger group. Initial Consultation – The first meeting with an attorney to discuss potential legal options.

L

Lawsuit – A legal action brought to court by a plaintiff seeking compensation for harm caused by a defendant. Liability – Legal responsibility for damages caused by an action or product. Litigation – The legal process of taking a dispute to court for resolution.

M

Mass Tort – A legal case involving multiple plaintiffs who have suffered harm from the same defendant or product. Medical Monitoring – Ongoing medical tests to detect health issues that may arise from exposure to harmful products or substances. Multidistrict Litigation (MDL) – A legal process that consolidates similar cases across different jurisdictions for more efficient handling.

N

Negligence – The failure to exercise reasonable care, leading to harm or injury. Notice of Claim – A formal statement informing the defendant of the plaintiff’s intention to seek compensation.

P

Plaintiff – The person or group bringing a lawsuit against a defendant. Product Liability – Legal responsibility of manufacturers and sellers for defective products that cause harm. Punitive Damages – Compensation awarded to punish a defendant for egregious wrongdoing and deter future misconduct.

S

Settlement – A legal agreement reached between the parties to resolve a lawsuit without going to trial. Statute of Limitations – The time period within which a lawsuit must be filed; varies by case type and jurisdiction. Strict Liability – Legal responsibility for damages regardless of fault or negligence.

T

Tort – A civil wrongdoing that causes harm and can result in legal liability. Trial – A formal examination of evidence in court to determine the outcome of a legal dispute. Toxic Exposure – Contact with harmful substances that can lead to health problems.

V

Verdict – The final decision made by a judge or jury in a legal case. Violation – A breach of law or duty that can result in legal action.

W

Witness – An individual who provides testimony related to the case based on their knowledge or experience. Wrongful Death – A legal claim filed when a person dies due to the negligence or misconduct of another party.

MTB Glossary

Glossary of Mass Tort Terms

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