Mass Torts vs. Class Actions: What’s the Difference?

When large numbers of people are harmed by the same product, action, or company, they often band together to seek justice. These collective legal actions usually take the form of either class action lawsuits or mass tort cases. Although these terms are sometimes used interchangeably, they refer to two very different legal processes.

If you’re wondering whether a mass tort or class action suit applies to your situation, it’s important to understand how these legal tools work, who qualifies, and what each process involves.

What Is a Class Action?

A class action is a type of civil procedure that allows one or a few individuals to represent an entire class of people with similar legal claims. Instead of hundreds or thousands of people filing individual lawsuits, one class action lawsuit is filed on behalf of all potential class members.

Key Features of a Class Action:

• All class members are represented by a class representative.
  
• The court must approve class certification, a process that ensures the claims are similar enough to be heard as one case.
  
• If the class wins, any compensation is divided among the entire class.
  
• Class actions consolidate claims into a single legal proceeding to improve efficiency.
  

Class actions are commonly used in cases involving consumer fraud, employment discrimination, and defective products.

What Is a Mass Tort?

A mass tort refers to a group of individual lawsuits filed by multiple plaintiffs who have suffered similar harm from the same defendant but maintain separate cases. Unlike class action lawsuits, mass tort claims are treated individually, even though they may be grouped together for purposes of efficiency in pre-trial proceedings.

Key Characteristics of Mass Tort Cases:

• Each plaintiff files their own lawsuit but may join a larger mass tort litigation effort.
  
• Plaintiffs retain their own legal counsel.
  
• Damages are assessed individually rather than shared across a group.
  
• Mass tort litigation is often handled through multidistrict litigation (MDL) in federal courts.
  

Mass tort actions are commonly filed in cases involving defective drugs, defective medical devices, and toxic exposure incidents.

How Do Mass Torts and Class Actions Differ?

Though both involve multiple plaintiffs and similar legal issues, there are major differences in how the legal proceedings unfold.

Class Actions:

• A single legal case
  
• One or more class representatives speak on behalf of all class members
  
• Requires court-approved class certification
  
• A collective judgment applies to the entire class
  

Mass Torts:

• Multiple individual lawsuits
  
• Each plaintiff presents their own evidence and arguments
  
• No need for class certification
  
• Plaintiffs can pursue individual claims for unique damages
  

Mass torts are generally used when injuries vary widely from person to person, making it difficult to adequately protect each plaintiff’s interest through one unified case.

Mass Tort Litigation and Civil Procedure

Mass tort litigation typically involves coordination between legal teams across jurisdictions. These cases are often grouped in federal courts through multidistrict litigation, allowing pre-trial proceedings to be streamlined while preserving each plaintiff’s right to an individual trial.

Unlike class actions, mass torts do not require the plaintiffs to achieve class action certification. This makes them more flexible when individual injuries, timelines, or circumstances differ significantly.

Legal proceedings in both types of cases must comply with federal or state rules of civil procedure. These rules determine how lawsuits are filed, how evidence is gathered, and how plaintiffs and defendants must behave during litigation.

Choosing Between Mass Tort and Class Action

Determining whether your case fits into a class action or mass tort depends on several factors:

• Nature of the harm: Did everyone suffer the same injury, or do damages vary?
  
• Number of plaintiffs involved: Are there numerous plaintiffs with similar claims?
  
• Judicial considerations: Will a single class action serve justice for all, or do individual lawsuits better reflect the facts?
  
• Legal representation: Mass tort plaintiffs typically retain their own legal counsel, while class members share representation.
  

In some situations, people are unaware they’re part of a potential class action until a settlement is announced. In others, individuals take action early and file mass tort claims to preserve their right to pursue full compensation for personal injury lawsuits.

Examples of Mass Tort Cases and Class Actions

Mass tort case examples:

• Pharmaceutical litigation involving defective drugs
  
• Lawsuits over defective medical devices
  
• Environmental toxic exposure
  

Class action examples:

• Consumers overcharged by corporations
  
• Data breaches affecting large groups
  
• Employees facing workplace discrimination
  

Each type of legal action has its own set of advantages and challenges. Consulting with experienced attorneys can help you understand whether you should file an individual lawsuit or join a broader legal action.

Learn more about mass torts vs. class actions. Call Greenstein & Pittari, LLP at (800) 842-8462 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

FAQs: Class Actions and Mass Torts

How do I know if I qualify for a class action lawsuit?
You may qualify if you’ve experienced the same harm as a large group of people from the same source. An attorney can confirm if a class action is in progress or if class certification has been achieved.

Can I join a mass tort case if others have already filed?
Yes. In most mass tort cases, new plaintiffs can join ongoing litigation as long as their claims are valid and timely. Each person maintains their own individual case.

Do class members have to testify in court?
Typically, no. Most class members are not required to participate directly in court proceedings. The class representative acts on behalf of the entire group.

What’s the role of a class representative?
This individual represents the interests of the entire class, ensuring that the case proceeds fairly and that all class members are adequately represented.

Are mass tort lawsuits more effective than class actions?
It depends on the situation. Mass torts offer more control and potentially higher compensation for individuals with serious or unique injuries. Class actions are better suited for uniform claims affecting a large group.

What is multidistrict litigation and how does it relate to mass torts?
Multidistrict litigation (MDL) is a process where federal courts consolidate mass tort cases for pre-trial proceedings to streamline discovery and motions. Each case remains separate for settlement or trial.