While mass tort and class action lawsuits may appear similar on the surface, some key differences separate the two.
The primary difference is a plaintiff’s level of control over the case. In a mass tort, every plaintiff is treated as an individual, meaning they have more control over their claim. On the other hand, class actions include more plaintiffs and are typically larger in scale.
As a result, plaintiffs in a class action have less control over their claims and the overall direction of the suit.
Another key difference is the number of damages that can recover. Each plaintiff can recover damages based on personal injuries in a mass tort. In a class action, plaintiffs can only recover damages shared by the entire class.
This difference can have a significant impact on the outcome of the case. Ultimately, understanding these key differences is essential for anyone considering filing a lawsuit.
What is a Mass Tort?
A mass tort is a civil action involving numerous plaintiffs with similar claims against one or a few defendants. Mass torts are filed by individuals who have suffered a physical or financial injury because of the negligence or misconduct of a corporation.
In a mass tort lawsuit, the claimants typically seek damages for pain and suffering, medical expenses, and lost income. In some cases, punitive damages also may be awarded. You can file a mass tort in state or federal court, but they are often filed in federal court.
If the claimants are successful, the defendants may be required to pay damages to each claimant. In some cases, the court may also order the defendants to change their products or business practices to prevent future injuries.
What is a Class Action?
A class action is a type of lawsuit where a few individuals, known as class representatives, represent the interest of many individuals. Class representatives are typically chosen because they have a personal connection to the issue at hand, and they are willing to represent the group’s interests.
Clients must consent before being identified in a lawsuit as a class representative, as they will have special responsibilities involving the litigation. In some cases, class representatives may be entitled to compensation for their time and effort.
The goal of a class action is to provide justice for a large group of people who have been harmed similarly.
Class actions level the playing field by allowing regular people to take on powerful corporations or other entities. When successful, class actions can improve public safety, spark corporate reforms, and hold wrongdoers accountable for their actions.
Mass Tort vs. Class Action: Get Help from an Experienced Attorney
In a class action case, the class either wins or loses. If the type prevails, the defendant will be ordered to cease doing whatever caused the lawsuit, or they will have to compensate the class. Each instance in a mass-tort claim has its outcome.
TruLaw is there to fight for your rights and the compensation you deserve when you’re ready to file a claim. For a no-obligation case evaluation, contact us now.