Probate for Mass Tort Claims
Southern Estate Lawyers provide probate services for the families, heirs, and next of kin of those who have passed away due to injuries or illnesses caused by dangerous and defective products and where mass tort claims are being pursued.
What is a mass tort? Mass torts are lawsuits that are brought against one or more defendants responsible for injuring many individual victims by the same act or omission where the claims arise out of similar facts or circumstances. Examples of mass tort actions include:
Because mass torts often involve many claims from people all over the country, there are special laws that allow for them to be consolidated into a few cases or a single case under a federal procedure known as “multidistrict litigation” or MDL. This means that a single judge from a selected federal court in one state will preside over the multitude (sometimes thousands) of cases that are brought under the common claim of all the plaintiffs, in a more efficient proceeding.
To pursue claims on behalf of a loved one who has passed away, often Probate is necessary to administer the claim. A Probate procedure is a judicial process by which a judge appoints a person to represent the estate of the deceased person with respect to the resolution of property, financial, and legal matters.
The person appointed to represent the estate is referred to as the Personal Representative. Some of the duties of the Personal Representative include filing necessary lawsuits on behalf of the estate; resolving claims against the estate; approving and receiving settlement or judgment proceeds; distributing estate property; and keeping the Probate Court apprised of any ongoing litigation.
Below is a list of some of the many current mass tort lawsuits for which we provide services:
Full legal representation before the Probate Court including getting a Personal Representative appointed and providing counsel regarding all matters incident to the administration of the estate including closing the estate if necessary.
Coordination with the law firm or lawyer representing the mass tort claim in the appropriate court. Provide advice and counsel with respect to state probate law.