When many people suffer injuries or illnesses involving the same product, drug, chemical, or company, they may have similar legal claims.
Depending on the circumstances, these cases may involve a mass tort or class action.
Although both involve claims affecting many people, courts handle them differently. Understanding these differences can help you learn which type of legal action may apply to your situation.
What Is the Difference Between a Mass Tort and a Class Action?
When many people allege harm involving the same product, company, event, or conduct, their claims may sometimes be handled through a mass tort or class action. However, these are different legal processes with important differences in how claims are handled.
What Is a Mass Tort?
A mass tort involves multiple people who allege harm from the same or similar cause.
Although the lawsuits may share important factual or legal issues, each plaintiff generally maintains an individual claim. This allows differences in injuries, medical treatment, financial losses, and other damages to be considered separately.
Mass tort cases may be coordinated through multidistrict litigation, or MDL. In federal court, an MDL can bring related lawsuits together for certain pretrial proceedings, such as discovery.
What Is a Class Action?
A class action allows one or more named plaintiffs to pursue a lawsuit on behalf of a larger group.
Unlike a mass tort, the claims are handled collectively if the court certifies the proposed class.
In federal court, Rule 23 of the Federal Rules of Civil Procedure requires:
- Numerosity: The group is large enough that including every member individually would be impractical.
- Commonality: Class members share common questions of law or fact.
- Typicality: The representatives’ claims or defenses are typical of the class.
- Adequacy: The representatives can properly represent the group.
Additional requirements may apply depending on the type of class action. The court ultimately decides whether the class can be certified.
Mass Tort vs. Class Action: What Are the Core Differences?
Mass torts and class actions can both involve claims from many people, but they differ in how those claims are handled.
Key differences include:
- How Claims Are Handled: Mass torts generally involve individual claims, while class actions combine claims into one lawsuit brought on behalf of a larger group.
- Representation: Mass tort plaintiffs generally pursue their own individual claims. In a class action, one or more named plaintiffs represent the class.
- Court Certification: A class action must meet specific requirements and be certified by the court. Mass torts do not require class certification.
- Individual Differences: Mass torts allow each plaintiff’s injuries, treatment, financial losses, and other damages to be considered individually. Class actions generally focus on issues shared by the class.
- Potential Compensation: In a mass tort, compensation may vary based on each plaintiff’s circumstances. In a class action, compensation is determined by the terms of a judgment or approved settlement and is not necessarily distributed equally.
The appropriate legal process depends on the facts of the case, the similarities and differences among the claims, and applicable law.
What Are Examples of Mass Torts and Class Actions?
Mass torts and class actions can involve some of the same types of disputes. The key difference is how the individual claims are structured and handled.
Common Mass Tort Examples
- Dangerous Drugs: Claims by individuals alleging injuries or illnesses associated with the same medication.
- Defective Medical Devices: Claims involving individuals who allege injuries or complications caused by the same type of medical device or implant.
- Toxic Exposure: Claims involving individuals who allege illness or injury after exposure to the same hazardous substance.
Common Class Action Examples
- Consumer Protection: Claims involving a group of consumers affected by the same alleged business practice, product representation, or conduct.
- Privacy and Data Security: Claims involving groups of people affected by the same alleged data breach or privacy practice.
- Employment: Claims involving groups of employees affected by the same alleged workplace policy or practice.
These categories are not exclusive to one type of lawsuit. Depending on the circumstances, similar underlying conduct may lead to individual lawsuits, mass tort litigation, or a class action. The appropriate legal process depends on the facts of the case, the similarities and differences among the claims, and applicable law.
How Are Compensation and Outcomes Different?
Because mass torts and class actions handle claims differently, compensation may also be determined differently.
- Mass Torts: Each plaintiff generally maintains an individual claim, allowing factors such as the severity of the injury, medical treatment, financial losses, and other damages to be considered individually.
- Class Actions: Compensation is generally determined by the terms of a court-approved settlement or judgment. The amount class members receive may vary depending on the settlement terms, eligibility requirements, and claims process.
Compensation is not guaranteed in either type of case, and the amount and outcome depend on the specific facts and applicable law.
How Do You Start a Mass Tort or Class Action Claim?
If you believe you suffered harm that may also have affected others, start by gathering information related to what happened.
Helpful information may include:
- What happened and when
- The product, drug, device, substance, company, or conduct involved
- Medical records and treatment information, if applicable
- Medical bills and other financial losses
- Receipts, contracts, or account records
- Photographs, emails, messages, notices, or other relevant evidence
An attorney can review the circumstances, determine whether similar claims or related litigation already exist, and explain whether your situation may involve a mass tort, class action, or another type of legal claim.
The Role of Attorneys in Mass Tort and Class Action Litigation
Mass torts and class actions can involve complex legal procedures, extensive evidence, and multiple parties. Attorneys can help individuals understand how their circumstances may fit into these types of litigation and what legal options may be available.
Depending on the case, attorneys may help by:
- Investigating the Claim: Reviewing what happened and gathering relevant evidence.
- Evaluating Related Litigation: Determining whether similar claims, class actions, or mass tort proceedings already exist.
- Building the Case: Reviewing records, documenting injuries and losses, and identifying potentially responsible parties.
- Navigating the Legal Process: Handling filings, deadlines, discovery, and other procedural requirements.
- Negotiating Potential Settlements: Evaluating and negotiating potential resolutions when appropriate.
- Representing Clients: Advocating for clients throughout the legal process and helping them understand their options.
Because mass torts and class actions are handled differently, an attorney can review the specific circumstances and help determine what type of legal claim may apply.
Get a Free Case Evaluation From Our TORKLAW Attorneys
If you believe you were harmed by a product, drug, medical device, toxic substance, company, or other conduct that may have affected others, our attorneys can review what happened and help you understand your legal options.
Our attorneys have experience handling complex injury claims and can evaluate the available evidence, investigate potentially responsible parties, and determine whether your situation may involve a mass tort, class action, or another type of legal claim.
From investigating your claim to navigating the legal process, our attorneys can guide you through each step and advocate for your interests.
Contact our attorneys 24/7 for a free case evaluation.