Mass Casualty Lawyer

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A mass casualty incident (MCI) is defined by Data Tech 911 as an incident where emergency medical services respond to a single event with multiple casualties. Further, no specific number of casualties qualifies one incident as a mass casualty over another. In personal injury law, we often use the terms mass casualty and mass tort interchangeably.   

Common types of mass casualties may include:   

- Bus Accidents 

- Train Accidents 

- Aviation Accidents   

Although the degree of injury does not determine if an incident qualifies as a mass casualty, there is likely going to be a larger number of significant or deadly injuries resulting from a mass casualty incident than other types of personal injury incidents.   

Like other types of personal injuries, a victim of a mass casualty incident must prove negligence to recover from their injuries from the at-fault party. To prove negligence, it must be established that: 

1. The defendant owed a duty to the victim; 
2. The defendant breached the duty owed to the victim; 
3. The defendant's actions caused the victim's injuries; and 
4. The victim suffered damages as a result of the defendant's actions. 

Although injury claims based on negligence are the most common type of mass casualty claims, other types of injury claims include claims based on intentional acts (such as assault and/or battery) and strict liability (such as some product defect claims). 

In a mass casualty lawsuit, a single individual plaintiff brings the lawsuit against one or more defendants and may be awarded individual damages. 

In a class-action lawsuit, a group of plaintiffs who have been certified by the court as a “class,” bring a single lawsuit against one or more defendants. The damages awarded in these types of lawsuits are normally awarded to the “class” as a whole. In a class-action lawsuit, any award or settlement must be split between all the members of the class, and the compensation received by each class member can be very small. 

The main difference between the two types of lawsuits is how the plaintiffs are treated by the court and the amount of compensation a plaintiff stands to recover from the litigation. In general, a plaintiff who files a mass casualty (or mass tort) lawsuit will recover more compensation. 

There is a time limit to bring legal action for personal injury claims in Washington State. In most cases,  the personal injury statute of limitations in Washington is three years from the date of the injury. However, the statute of limitations may differ depending on the specific facts and type of the case.

If an injured victim fails to either settle their case or file a lawsuit against the correct defendant before the statute of limitations lapses, they will be barred from receiving compensation for their injuries.  This is why it is important to consult with an experienced mass casualty injury lawyer as soon as possible to ensure you do not miss any important deadlines that will affect your case or prevent you from recovering.