Sejal Brahmbhatt
Many people confuse class actions and mass torts, and while both types of lawsuits involve a plaintiff who is seeking to recover their damages, they are not the same.
You may have heard these legal terms in the news, or perhaps you are part of a lawsuit and want more information. Whatever your needs, the nationally acclaimed trial lawyers at Williams Hart & Boundas have put together this guide to help you understand the difference between class action and mass tort cases.
What Is a Class Action Lawsuit?
In a typical class action lawsuit, one or more individuals file a civil lawsuit on behalf of all the injured parties. These lead plaintiffs represent the legal interests of a large group of unnamed individuals, who are known as class members. All the plaintiffs, named and unnamed, will have suffered similar damages and have claims against the same negligent defendant, such as the manufacturer of a defective product.
One of the benefits of joining a class action lawsuit is that the court can resolve multiple claims at once, which can save the individual plaintiffs time and money. However, to join a class action lawsuit, you must give up your rights to have your claim heard separately. You could also receive a smaller payout, as all members must receive an equal share of any compensation awarded by the court.
What Makes a Mass Tort Different?
Like a class action lawsuit, a mass tort is also a civil proceeding with multiple plaintiffs who have claims against the same defendant. However, in this case, each plaintiff maintains their individual claims, with the opportunity to sue for personalized compensation based on their specific damages.
In mass tort cases, the court consolidates the claims to streamline the legal process, often through federal multidistrict litigation. These cases benefit from collective knowledge and evidence sharing, while avoiding the risk of inconsistent rulings. Common examples of mass tort cases include lawsuits involving defective prescription drugs and environmental contamination from chemical leaks.
Work With An Attorney to Understand How Class Actions and Mass Torts Differ
Now that you understand the difference between class action and mass tort cases, it is time to reach out to the team at Williams Hart & Boundas. We can discuss the details of your claim, help you understand which course of action is best for your unique circumstances, and guide you through the process.
Our skilled attorneys have represented numerous mass tort clients, including victims of sexual assault by rideshare drivers and individuals suffering from meningiomas linked to Depo-Provera. Our clients choose us to go to trial for them because we are good, and we win. Call our office today to start your claim.