People tend to use “mass tort” and “class action” as if they meant the same thing. They don’t.
Both help people who were harmed by the same company or product pursue justice as a group. But the work and what you can recover quite different. Here’s a plain-language explanation.
Short Definitions
“Class action:” A situation where one lawsuit is brought by a small group of representatives on behalf of a larger “class” of people with nearly identical claims. When the outcome finally arrives, it covers everyone.
“Mass tort:” Many individual lawsuits, filed by people who were each harmed differently, often coordinated together for efficiency but decided on their own facts.
Here is a list of differences between the two.
#1: One claim vs. many claims
In a class action, the class is treated as a single unit and its claims are placed accordingly, as one unit. In a mass tort, each claimant keeps their own individual case. The cases are not “umbrellaed.” Each person’s injuries are evaluated, individual medical records reviewed, and damages are determined case by case.
#2: Compensation is calculated differently.
Class action recoveries are usually awarded in lump sums that are then divided into similar shares among class members. In a mass tort, compensation is individualized. Someone who suffered a catastrophic injury may recover much more than someone with a minor one.
#3: Your level of control varies.
Class members typically have little day-to-day control and are bound by the class result. In a mass tort, you retain more say over your individual case.
Determine which one fits your situation best?
A billing overcharge that affected millions of customers by a few dollars each is often best handled using a class action.
A medication that affected thousands of people in different ways is best resolved in a mass tort.
Determining which structure might be best for your situation is best handled by consulting with knowledgeable attorney who is highly experienced with class actions and mass tort.
The best advice: talk to an attorney before doing anything.
Signing up for the wrong structure or missing a deadline often results in substantial loss. Before you join a case or accept any kind of settlement offer, have a Las Vegas litigation attorney at Maddox & Cisneros, PLLC, review it. The consultation is free so set it up today.
DISCLAIMER: This article is solely for the purpose of general public information. It is not legal advice. No attorney-client relationship is created by reading this.
Contact us today for a free consultation and let us guide you through.