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What Is The Difference Between Mass Tort And Class Action?

What Is The Difference Between Mass Tort And Class Action?

The primary difference between these two forms of lawsuits is a plaintiff’s level of control over the case. Mass torts are closer to traditional injury claims, where every plaintiff is treated as an individual in the suit. Class actions are typically larger than mass torts and include more plaintiffs.

A mass tort is a civil case involving multiple plaintiffs who the same defendant has harmed. Although each plaintiff in a mass tort is considered an individual, there are often common factual and legal issues among the cases.

Mass torts often involve injuries caused by defective products, medical devices, or pharmaceutical drugs.

A class action is a civil case in which a large group of plaintiffs with similar injuries band together to sue a defendant. The lead plaintiff, or the representative plaintiff, speaks on behalf of the entire class.

Class actions typically involve consumer fraud claims or federal or state law violations. Unlike mass torts, a judge must certify class actions before proceeding to trial. If the case is approved, all class members are automatically included in the lawsuit unless they opt out.

Mass Tort

A mass tort is a legal action pursued by numerous plaintiffs against one or more at-fault parties in civil court. Similar claims are filed, and individuals who have suffered physical or financial damage due to a large firm’s carelessness pursue these claims. In addition, individuals can submit a mass tort lawsuit at the state and federal levels.

The following are some of the most frequent mass tort claims.

  • Injury due to dangerous drugs
  • Injury due to defective medical devices
  • Damage due to other faulty products
  • Damage due to mass disasters and toxic conditions, such as the BP oil spill

Class Action

A class-action lawsuit occurs when a group of persons representing the interests of a large number of people files a claim against the same defendant. These plaintiffs have similar issues and seek compensation for their harm, commonly against a major corporation.

The plaintiffs represent the interests of a particular group in a class-action lawsuit, also known as class representatives. As a result, several class action plaintiffs are considered a single entity rather than separate individuals by the court.

Bottomline

Whether you choose to file a mass tort or a class action lawsuit, your first step should be to contact a mass tort lawyer who can represent you.An attorney on your side from www.trulaw.com can provide a slew of advantages, such as access to investigatory tools, a network of expert witnesses, and the negotiation and trial skills needed to advocate for your best interests.