Class actions are great when the harm is the same for everyone and you’re looking for a straightforward way to hold a company accountable. But if your situation is more personal, with harm that’s unique to you, a mass tort gives you the chance to have your story heard on its own terms.
Legal terms can be complicated, and when you hear terms like class action or mass tort, they might sound like the same thing. But they’re not, and the differences between them matter more than you’d think.
Whenever you find yourself with a pressing question regarding a legal matter, remember that Litigation Connect is a great resource to get the answers you need.
Now, let’s get into the details of class actions and mass torts.
What is a Class Action Lawsuit?
A class action lawsuit combines the claims of a large group of people into one single case. Instead of every individual filing their own lawsuit, they all join together as a class.
The idea is to make it easier to address widespread harm without flooding the courts with thousands of identical cases. For example, if a company sells a defective product that affects millions of people in the same way, it wouldn’t make sense for each person to file their own lawsuit. A class action bundles all those claims into one.
In a class action, one or more individuals, called representative plaintiffs or lead plaintiffs, take the lead in the lawsuit. They work closely with the lawyers and make decisions on behalf of everyone in the group.
Before a case can officially become a class action, a judge has to approve or certify it. This is a critical step because not every situation qualifies for a class action.
They’ll look at questions like:
- Is the group large enough to make individual cases impractical?
- Did everyone suffer in a similar way?
- Is the lead plaintiff capable of representing the group fairly?
If the judge gives the green light, the case moves forward. And if the class wins, the payout is divided among everyone involved. However, if the case loses, that’s usually the end of the road for everyone. You can’t go back and file an individual lawsuit later.
What About Mass Torts?
Mass torts are a bit different. Let’s say a pharmaceutical company releases a drug, and it causes serious side effects.
While thousands of people might be affected, the harm isn’t identical for everyone. Some might experience mild issues, while others suffer life-altering consequences. That’s where mass torts come in.
Instead of grouping everyone into one big case, a mass tort allows each person to file their own lawsuit. These cases are usually handled together in what’s called multidistrict litigation to keep things organized, but the outcome for each plaintiff is based on their unique circumstances.
How Are Class Actions and Mass Torts Different?
The biggest difference between class actions and mass torts is how the plaintiffs are treated. In a class action, everyone is treated as part of one big group, and the outcome applies equally to all of them. In a mass tort, each person’s case is separate, and the results are based on their individual circumstances.
Class actions are more streamlined and less demanding for plaintiffs. Once you’re part of a class action, you don’t have to do much beyond agreeing to be included. The lead plaintiff and their lawyers handle most of the work.
On the other hand, mass torts require more involvement. You’ll need to provide evidence of your specific harm and may even need to testify in court.
Another key difference is the size of the group. Class actions often involve thousands or even millions of people, while mass torts usually involve smaller groups, sometimes from the same geographic area.
Conclusion
Class actions and mass torts are two ways people can take legal action, but they work in different ways. In a class action, everyone is treated as part of one big group, so the result applies to everyone the same way. In a mass tort, each person’s case is treated separately, and you might have to be more involved, like giving evidence or even speaking in court.
While class actions are easier because you don’t have to do much, mass torts give you more control over your case. At the end of the day, it all comes down to how much you want to be involved and how your situation fits with either option.
