Often, we hear about class action lawsuits on the news or ads on TV calling for those affected by a defective product to contact a lawyer to join a class action lawsuit. But what many people don’t realize is that there are actually two major kinds of class action lawsuits – Class Action Lawsuit and Mass Tort Lawsuit.
What is a Class Action Lawsuit?
A class action lawsuit is a civil lawsuit brought forward by an individual or group of individuals on behalf of a larger group of people. This type of lawsuit is often used when there are many plaintiffs who have suffered the same injury, usually a physical or economic injury, as a result of the same unlawful act. For example, if dozens of individuals were injured in an airplane accident due to faulty maintenance, those injured parties could file a class action lawsuit against the airline.
Class action lawsuits help ease procedural burdens and can be advantageous for damages awards since there is often strength in numbers. The plaintiffs must show that they have enough members with commonalities in their cases to form what is referred to as “class certification.” Once certified by the court, each plaintiff will be part of the collective and share any financial awards earned from the claim.
What is a Mass Tort Lawsuit?
Mass tort lawsuits also deal with the cases of many people affected by a similar problem or situation; however, there tends to be more variation or complexity to the separate cases. Rather than filing a single lawsuit to cover many cases, a single attorney or group of attorneys, are allowed to represent each case individually. The cases are brought before the same judge.
Using the same key players allows for each case to be viewed individually, while those involved become experts, understanding the precedents set by earlier cases and being able to distinguish variation.
What’s the Difference Between Class Action Lawsuit and Mass Tort Lawsuit?
The primary difference between filing a class action lawsuit and filing a mass tort lawsuit is the way in which each case is structured.
In a class action, the plaintiff will represent an entire group of people with similar grievances against the same defendant. The case is filed on behalf of all individuals from this larger group, which means that the outcome applies to everyone in it. With a mass tort, on the other hand, each individual plaintiff obtains their own attorney and brings forth their own claim against the defendant for damages incurred due to a particular incident or series of events. While both types of lawsuits are litigated together according to venue rules and statutes of limitations, they are still considered two distinct cases handled separately.
Another key distinction between class actions and mass torts is jury process. In class actions, only one trial takes place with one jury deciding on any damages, awards, or settlements. By contrast, when multiple plaintiffs file suit in mass torts, there can be separate trials for each individual claim – although juries can render joint verdicts during multi-plaintiff trials if circumstances allow them to do so legally. Moreover, most states handle separate appeals if either side challenges the outcome of a trial.
What If You Are Still Unsure Whether It’s A Class Action Or Mass Tort Lawsuit?
If you are still unsure whether a case is a class action lawsuit or mass tort lawsuit, it may be best to consult with an experienced lawyer. A legal professional will be able to examine the details of your case in order to determine which type of legal proceeding would be best for you and your situation.
Your lawyer may also advise you if filing an individual claim may be more advantageous than joining and pursuing a group action. This decision will depend on factors such as the scope of damages suffered and available legal rights. In some cases, participating in a class action lawsuit or mass tort proceedings could limit your ability to receive more compensation than what could otherwise potentially be gained through individual litigation.
Therefore, if you have any doubts about the difference between class actions lawsuits and mass tort lawsuits – reach out for professional legal advice!
