Personal Injury Law

Multiple Plaintiffs in a Personal Injury Case: Mass Torts vs. Class Action Lawsuits

Key Takeaways:

  • Determining a class action or mass tort can depend on the nature and extent of the harm you have endured and how similar your claim might be to everyone else’s.
  • Your case might be a mass tort if your experience and harm are unique compared to others.
  • But if you went through the same thing as everyone else who was injured by the product or incident, you will likely be a member of a class action suit.

When a product, accident, drug, or incident injures many people, they can join together to file one lawsuit. Multiple plaintiffs can come together to file a mass tort lawsuit or a class action lawsuit. These types of lawsuits involve numerous plaintiffs and can be more efficient than individual lawsuits.

This article provides insight into these two types of lawsuits and how they work. If you or someone you love has been injured by a company’s actions, contact an experienced personal injury attorney.

What Is a Class Action Lawsuit?

A class action lawsuit is a legal proceeding where a group of people file their claim together. These members have a similar complaint against one company. Rather than everyone suing the company separately, class members file one lawsuit. The court selects one or a few class members as lead plaintiffs. These class representatives represent all the other class members in court.

This type of lawsuit works well when:

  • Everyone in the group suffered similar injuries or harm and suffered it in a similar way;
  • One company or group is responsible for the harm; and
  • Their damages might be too small for separate lawsuits but combine for a larger award.

What Is a Mass Tort?

Mass tort litigation also involves many plaintiffs suing one or a few defendants for harm from an incident. But unlike a class action, each plaintiff in a mass tort has their own case. Mass torts are appropriate when one product or incident causes harm. However, it can cause different types of harm to different people. In mass tort cases, each person’s unique experience matters in their case.

Courts will treat each case in a mass tort as a separate lawsuit. The court may group them together for hearings since many of the issues the court must decide are the same. Mass torts are common in product liability cases, large-scale accidents, and environmental disasters.

Some defective products might result in similar injuries. However, medical devices and defective drugs can have very different effects on people.

What Are the Similarities and Differences Between Mass Torts and Class Actions?

Both class action cases and mass torts involve multiple plaintiffs suing the same defendant. But they are distinct.

Similarities

  • A large group of plaintiffs asks the court to group many similar claims together.
  • It’s a more efficient way to handle large numbers of cases and large numbers of plaintiffs.
  • Plaintiffs have endured similar harm.
  • Both require the court to approve the grouping.
  • There is a common defendant.

Differences

  • In class actions, plaintiffs are represented as one entity. In mass torts, each plaintiff has their own lawsuit.
  • In a class action, the outcome applies to everyone. For example, every plaintiff gets $1,000 in a settlement or trial. Mass torts cases allow for individual trial verdicts and individual settlements.
  • The details of plaintiffs’ individual cases are much more important in mass torts cases.
  • Mass torts cases will have different legal issues for different plaintiffs.

What Are the Advantages and Disadvantages of Mass Torts?

  • Advantages: You get a personalized case, potentially leading to more compensation for severe harm. You are also free to settle if you want instead of doing what the class representatives determine is best.
  • Disadvantages: It will take more time, work, and court resources.

What Are the Advantages and Disadvantages of Class Action Lawsuits?

  • Advantages: These are more efficient and less costly for all the plaintiffs who participate.
  • Disadvantages: Your case, individual details, and damages will likely not be heard or considered by the court. You are part of a large group. You may not get as much compensation since everyone splits the award.

How Do I Join a Mass Tort or Class Action Lawsuit?

The first step here is to talk to a personal injury law attorney. You are usually a member of a class action suit once the court certifies the class. The process of proving damages will vary depending on the nature of the injury.

In a mass tort case, you must file your own lawsuit and manage all the pre-trial and discovery procedures. But you can join others in some of the processes.

How Much Money Can I Expect To Recover?

The compensation for both mass torts and class action cases will depend on the nature of the case. Damages can depend on the severity of the injury, the specifics of each case, the number of plaintiffs, and the defendant’s ability to pay. In a class action suit, there will be one award to be split among the class members. Mass tort cases generally result in larger awards but require more work and are more expensive.

Which Type of Lawsuit Is Better for Plaintiffs in Personal Injury Cases?

The choice between class action and mass torts cases will depend on the circumstances of your case. If your injury is minimal, similar to many other people, and your day in court is not a priority, your case might be better suited for a class action suit. However, if your injuries and damages differ from others and you want your own trial, a mass torts case is likely better. Talking to a mass tort lawyer is a smart move to figure out the best path for you.

Mass torts and class action lawsuits are unique types of cases that can be heard and decided more efficiently than trying every case individually. Both types have their pluses and minuses. Talking to an experienced personal injury attorney will help you select the best path forward.

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