When a group of people is injured by the same product, action, or event, there are two legal options to take. They can either file class action lawsuits or mass torts.
In the US, there are many active nationwide mass torts and class action lawsuits. While both address injuries a large group has suffered, there are some differences in the structure and processes involved in the cases.
This article will discuss the key distinctions between the two to help people determine which option is better for their case.
Definition and Structure of Class Action Lawsuits and Mass Torts
A class action lawsuit is a civil lawsuit that combines multiple similar cases into one. Plaintiffs with the same injuries caused by the same defendant are represented by one person called a class representative. This removes the need for individual trials.
Mass torts, on the other hand, involve a group of people that is smaller than a class action lawsuit. Despite members being part of a large group, each person is treated individually. Each plaintiff will have their own legal representation; they must provide evidence and prove facts related to their injuries, and they pursue compensation according to their unique circumstances.
Compensation and Settlements of Class Action Lawsuits and Mass Torts
In class action lawsuits, settlements are distributed equally among all members of the class. Typically, how the settlement will be divided is predetermined, which can result in smaller payouts. Even though the system is efficient and fair, sometimes victims may not get a settlement that reflects the damage they got.
For mass torts, compensation is individualized. A person has the right to refuse compensation. Before reaching a settlement, each plaintiff’s damages are assessed separately by looking at medical costs, lost wages, and other losses.
This personalized structure of mass torts often leads to higher settlements for individuals who have suffered more harm, although it may require more time and effort.
Common Examples and Uses of Class Action Lawsuits and Mass Torts
Class action lawsuits are used in cases where the harm or damage caused is widespread but relatively uniform across the group of plaintiffs. Examples include:
- Defective products and devices
- Data breaches
- Consumer fraud
- Workplace discrimination
- Hospital negligence
For instance, if a company poorly labels a product, all the consumers might qualify for a class action lawsuit if they don’t have big differences in their claims.
Mass torts are more suitable and appropriate for cases involving a range of injuries. Common examples include:
- Water contamination
- Exposure to hazardous material
- Defective drugs and devices
- Accidents like plane crashes and explosions
In these cases, plaintiffs may experience varying degrees of harm, which makes it essential to evaluate each claim separately. A good example is when people from the same geographic area get different terminal illnesses after taking contaminated water for years.
Conclusion
While both class action lawsuits and mass torts aim to provide justice for large groups of people, their structures and processes differ significantly. Understanding these differences is crucial for plaintiffs to decide how to pursue legal action. Consulting an experienced attorney can help determine the most appropriate path to ensure fair compensation and justice.
