In today's legal world, there are several ways to file a lawsuit when a large group of people has been affected by the same issue. Two of the most common procedures are mass tort lawsuits and class action lawsuits. While they may seem like they're the same thing, there are some key differences between the two. Understanding the differences between mass tort lawsuits and class action lawsuits can help you make an informed decision about which legal path to take.

Defining Mass Tort Lawsuits and Class Action Lawsuits

A mass tort lawsuit is a legal action that is filed by a group of people who have been injured or suffered damages because of the same product or event. Unlike a class action lawsuit, each individual case in a mass tort lawsuit is treated separately. The lawsuit can be filed by an individual or a group of individuals who have similar injuries or damages. Mass tort lawsuits are often filed in instances where there are too many claimants, and the lawsuit is complicated. 

In a class action lawsuit, plaintiffs with similar legal claims join together to form a class. In this case, one or a few named plaintiffs will represent the class. The outcome of the case will affect everyone in the class. Class action lawsuits are useful in situations where there are numerous people affected by the same issue, and individual lawsuits would be impractical. Such cases include discrimination, consumer fraud, price-fixing, and illegal debt collection practices.

Key Differences Between Mass Tort Lawsuits and Class Action Lawsuits

The primary difference between mass tort lawsuits and class action lawsuits is that, in mass tort lawsuits, each individual case is treated separately and has its own outcome. However, in a class action lawsuit, the outcome affects all plaintiffs collectively. In a mass tort lawsuit, plaintiffs may use the same lawyer, but each plaintiff has case specific trial or review parameters and its own settlement, whereas in a class action lawsuit, a single law firm represents all plaintiffs, and all plaintiffs share in a settlement or award if the group is successful.

Other Factors to Consider

Another significant difference between the two procedures is that the burden of proof is different. In mass tort lawsuits, each plaintiff has to prove his or her own case. On the other hand, in class action lawsuits, the burden of proof is on the class as a whole, and not on an individual plaintiff. Finally, In mass tort lawsuits, individual outcomes will depend on many factors such as severity of injury or damage, location, and individual factors. In class action lawsuits, all plaintiffs will receive the same amount of compensation for their injury despite the level of severity of their individual damages.

Although mass tort lawsuits and class action lawsuits may seem the same, there are significant differences. It's important to understand how they work to make an informed decision about which legal option is best for you. If you are still unsure of what path to take, we are experienced attorneys with both mass tort and class action lawsuits and can help you make the best decision for your case. Contact our office for a free consultation today. 

While this article provides general legal information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.