When a case in West Virginia or elsewhere has been settled, you may receive an email informing you about the details of the settlement. You will also likely be given a website to visit to obtain more information about receiving your portion of settlement funds. The exact process of claiming settlement funds depends on whether the proceeding was a mass tort or a class action lawsuit.
Mass tort cases are filed individually
Generally, mass tort cases involve claims related to the use of defective medical products or devices. Unlike a class action case, you must file a claim to receive compensation for any damages incurred by using a product or device covered by a global settlement.
Your attorney will then present evidence to a judge in an effort to obtain the maximum amount available from a settlement pool. It is important to note that you may still be able to file a separate lawsuit even if a settlement has been reached in a mass tort proceeding.
Obtaining compensation in a class action case
Typically, you are eligible to receive compensation from a class action settlement fund simply because you used the product named in the suit. In some cases, compensation will be deposited directly into your checking account or provided to you as an account credit. Depending on the structure of the settlement, it may be necessary to prove that you are part of the class and are entitled to receive a payout.
If you have been injured by a defective product of any kind, an attorney may help you file a mass tort or class action lawsuit. You may be entitled to compensation to help pay medical bills or make up for lost wages or lost future earnings related to using a defective item.