Class Action vs. Mass Tort: What's the Difference?

When you have a case requiring a personal injury lawyer, it can be confusing to know whether your case is better suited for a class action, mass tort, or even an individual case. Although a mass tort case shares similarities with a class action to address large-scale harm, they have important differences. The key difference between these two cases is the level of control a plaintiff has over the case. In that regard, a mass tort treats each plaintiff as an individual. Although class actions are usually larger, each plaintiff has little input or direction in the case.

Speak with an experienced class action lawyer in your area to determine which type of case is best for your personal injury matter.

Understanding Class Actions

In a class action case, a small group of class representatives serves as the lead plaintiffs on behalf of a large group. Class action lawsuits involve many plaintiffs with similar injury claims and legal issues. They are common in federal courts under the Federal Rules of Civil Procedure. Class action cases involve a legal process that attempts to resolve a large group of claims.

Class action cases do not require each individual plaintiff to join before they proceed. A class representative serves as the representative for all class members. Anyone bringing a class action case must notify every prospective member of the class about the case to give them the option to opt out. Each member of the class has the option to pursue an individual lawsuit.

Understanding Mass Torts

Mass tort actions are similar to a typical negligence lawsuit. They commonly begin as a variety of individual lawsuits. When the number of individual claims becomes large, the court can combine the cases into a single lawsuit—a mass tort lawsuit. In large cases, the judge can consolidate lawsuits from across jurisdictions. If the claims share the same defendants and similar harm, the court can join them in a legal process called multidistrict litigation (MDL).

Mass tort cases tend to involve a large number of plaintiffs from the same geographical area. Claimants may file mass tort claims in state or federal court. They can involve a common defendant or multiple defendants and can name individuals or corporations in the legal action.

In a mass tort lawsuit, plaintiffs may seek compensation for similar claims, personal injuries, or financial harm they suffered due to the same event. Such cases could arise from defective drugs or medical devices or common environmental harms impacting a large group of people, such as asbestos exposure.

Key Differences Between Class Actions and Mass Torts

Compared to class action cases, the mass tort litigation process is more similar to a typical lawsuit. Each plaintiff remains an individual party with the rights that come with that. For example, each plaintiff has the right to choose their legal team. They do not rely on a representative plaintiff and have the right to accept or refuse a settlement offer. A mass tort action can proceed even when the differences between each plaintiff’s circumstances become too much to sustain class certification.

On the other hand, a class action suit is led by a small group of class representatives who represent the entire class. The individual plaintiffs do not remain independent, and a typical class member has no direct role in how the case proceeds. Class action lawsuits are common in defective product liability cases involving dangerous side effects from medications, alleging design flaws common to all products.

Typical mass tort cases include defective medical devices, pharmaceutical litigation, or toxic exposure cases. Standard class action cases include consumer product cases, data breaches, and false advertising. The main difference between these two cases is that all plaintiffs are represented as a single group in a class action. In a mass tort case, each plaintiff’s case is treated individually, although they can progress through the early procedural phases as a group for judicial economy.

Pros and Cons of Class Actions

There are several advantages to class action lawsuits. They can be efficient because they combine many similar claims into one case, saving time for both the plaintiff and the court. Due to shared costs, class action cases can reduce legal expenses for members of the group who may not otherwise have pursued the claim, increasing access to justice. A large group can also provide leverage against defendants and a uniform resolution for all members of the class.

Along with the pros, class action cases have disadvantages. The settlement is divided among all class members, which can result in small payouts. Each plaintiff has limited control over settlement or case strategy, and due to its complexity, the case can take years to resolve. The attorney fees can reduce the amount available for settlement, and the outcome typically binds class members.

Pros and Cons of Mass Torts

Participating in a mass tort case to resolve a personal injury case has pros and cons. The benefits of mass torts, like class action cases, include handling claims efficiently. Mass torts streamline the legal process because they consolidate similar claims. Plaintiffs can share legal resources, such as expert witnesses.

Unlike a class action case, a large group of plaintiffs can exert more pressure on defendants, often leading to higher settlements. It can allow plaintiffs with smaller claims to pursue litigation. The court resolves similar cases together, which facilitates more uniform outcomes.

Mass torts, like class actions, can be lengthy. Lower individual payouts can potentially result when settlements or awards are divided among many plaintiffs. Not all plaintiffs receive the same compensation, legal fees can be high (even though costs are shared), and plaintiffs may feel pressure to accept settlements that may not fully compensate them for damages.

How To Choose the Right Legal Route

There are key differences between mass tort cases and class action lawsuits. These types of lawsuits come with pros and cons. An experienced attorney can provide a free case evaluation to explore your legal options as you decide whether to pursue an individual case, a class action lawsuit, or a mass tort action. A class action lawyer can provide legal advice about the type of cases that may be best in your situation.