Home Legal What Is the Difference Between a Mass Tort and Class Action?

What Is the Difference Between a Mass Tort and Class Action?

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Mass tort and class action are two types of legal proceedings that are often used in cases involving a large number of people who have suffered harm from the same product or action. Although both types of lawsuits involve multiple plaintiffs, they are different in their purpose, structure, and outcome. In this article, we will explain the differences between a mass tort and a class action lawsuit.

What Is a Mass Tort?

A mass tort is a civil action in which a large number of plaintiffs file individual lawsuits against one or more defendants who are alleged to have caused them harm. The harm suffered by the plaintiffs can be physical, emotional, or financial, and it must be caused by a common product, action, or event. Examples of mass tort cases include defective medical devices, dangerous drugs, environmental pollution, and workplace injuries.

In a mass tort lawsuit, each plaintiff retains their own attorney and files their own lawsuit in the appropriate court. The cases may be consolidated for pre-trial proceedings such as discovery, motion practice, and expert testimony, but each plaintiff’s case is tried separately. The outcome of each case may vary depending on the individual facts and circumstances of the case, and each plaintiff may be awarded a different amount of damages.

Advantages of a Mass Tort Lawsuit

One of the advantages of a mass tort lawsuit is that it allows plaintiffs to have their cases heard individually, rather than being grouped together as a single class. This means that each plaintiff’s case is evaluated on its own merits, and each plaintiff has a greater opportunity to present evidence and argue their case before a judge or jury.

Another advantage is that plaintiffs in a mass tort lawsuit may have more control over the outcome of their case. Because each plaintiff has their own attorney, they have a greater say in the strategy and direction of their case. Additionally, each plaintiff may receive a larger share of the damages award because they are not required to share it with other plaintiffs in the same lawsuit.

Disadvantages of a Mass Tort Lawsuit

One disadvantage of a mass tort lawsuit is that it can be more time-consuming and expensive for plaintiffs. Each plaintiff must retain their own attorney and file their own lawsuit, which can result in a higher overall cost. Additionally, because each case is tried separately, it can take longer to resolve all of the cases in a mass tort lawsuit compared to a class action lawsuit.

Another disadvantage is that plaintiffs in a mass tort lawsuit may receive inconsistent outcomes. Because each case is evaluated on its own merits, it is possible for one plaintiff to receive a large damages award while another plaintiff receives nothing. This can create a sense of unfairness among the plaintiffs, and it may be difficult to achieve a sense of closure or justice for all of the plaintiffs involved.

What Is a Class Action?

A class action is a legal proceeding in which a large number of plaintiffs who have suffered similar harm join together to sue one or more defendants (more info). The plaintiffs are grouped together as a class and represented by a single attorney or team of attorneys. The purpose of a class action is to provide a more efficient and cost-effective way for plaintiffs to seek redress for their injuries.

In a class action lawsuit, the class representative, or lead plaintiff, files the lawsuit on behalf of all members of the class. The court then certifies the class, which means that it has determined that the plaintiffs meet the requirements for class certification, such as having similar claims and injuries. The lead plaintiff and their attorneys represent the entire class, and any damages awarded are shared among all members of the class.

Advantages of a Class Action Lawsuit

One of the advantages of a class action lawsuit is that it can be a more efficient and cost-effective way for plaintiffs to seek redress for their injuries. Because the plaintiffs are grouped together as a class, the overall cost of litigation is lower than in a mass tort lawsuit. Additionally, because the lead plaintiff and their attorneys represent the entire class, the plaintiffs do not have to pay individual attorneys’ fees or court costs.

Another advantage is that a class action lawsuit can promote consistency in outcomes. Because all members of the class are represented by the same attorneys and have their cases heard by the same judge, there is a greater likelihood of consistent outcomes and a sense of fairness among the plaintiffs.

Disadvantages of a Class Action Lawsuit

One disadvantage of a class action lawsuit is that plaintiffs may have less control over the outcome of their case, says vic.gov.au. Because the lead plaintiff and their attorneys represent the entire class, individual plaintiffs may not have as much say in the strategy or direction of the case. Additionally, the damages awarded in a class action lawsuit are typically lower than in a mass tort lawsuit because they are divided among all members of the class.

Another disadvantage is that not all plaintiffs may benefit from a class action lawsuit. For example, plaintiffs with more serious injuries or damages may receive a smaller share of the damages award than they would in a mass tort lawsuit. Additionally, plaintiffs who do not want to be part of a class action lawsuit may have to opt out of the lawsuit and file their own individual lawsuits.

Key Differences Between Mass Tort and Class Action Lawsuits

The key difference between mass tort and class action lawsuits is the way the plaintiffs are grouped together. In a mass tort lawsuit, each plaintiff files their own individual lawsuit, while in a class action lawsuit, the plaintiffs are grouped together as a class and represented by a single attorney or team of attorneys.

Another difference is the way damages are awarded. In a mass tort lawsuit, each plaintiff may be awarded a different amount of damages based on the individual facts and circumstances of their case. In a class action lawsuit, the damages are divided equally among all members of the class.

Finally, mass tort and class action lawsuits have different requirements for certification. In a mass tort lawsuit, each plaintiff must meet the requirements for filing an individual lawsuit, while in a class action lawsuit, the court must certify the class before the lawsuit can proceed.

We Can Help You

Mass tort and class action lawsuits are two types of legal proceedings that are used to seek redress for injuries caused by a common product, action, or event. While both types of lawsuits involve multiple plaintiffs, they are different in their purpose, structure, and outcome. Mass tort lawsuits allow plaintiffs to have their cases heard individually and may result in larger damages awards, but can be more time-consuming and expensive. 

Class action lawsuits provide a more efficient and cost-effective way for plaintiffs to seek redress, but may result in lower damages awards and less control over the outcome of the case. Understanding the differences between mass tort and class action lawsuits can help plaintiffs choose the best legal strategy for their individual circumstances. Do yourself a favor and contact a firm like friedmansimon.com that represents mass tort clients today.

Last Updated: April 24, 2023

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