Mass Tort vs. Class Action
Mass torts and class actions can seem alike, as they both involve many people hurt by the same issue. However, there are important differences between the two. Understanding these differences will help you choose the right type of lawsuit if you’ve been harmed.
What Is a Mass Tort?
There are a few contexts where you might hear the term “mass tort.” On one level, a mass tort is simply an act (or inaction) that injures a large number of people.
There are two different types of legal claims that can result from this type of situation:
- A mass tort lawsuit, which can often involve multidistrict litigation (MDL), or
- A class action lawsuit
Mass torts usually happen when a company makes a dangerous product or exposes people to harmful substances.
Examples include:
- Injuries from unsafe medications
- Harm caused by defective medical devices
- Health problems from exposure to toxic chemicals
In a multidistrict litigation proceeding, individual lawsuits are grouped together and heard by the same court, which can help the case move along more efficiently.
What Is a Class Action?
A class action lawsuit involves many people who were all harmed in almost exactly the same way. Instead of each person filing their own lawsuit (even if they are eventually grouped together in an MDL), one lawsuit represents everyone together as a single group. This group is called a “class.”
In class actions, everyone usually gets a similar amount of money because their damages are the same or very close.
Key Differences Between Mass Torts and Class Actions
There are three main differences between mass torts and class actions:
- Individual vs. group review: In mass tort cases, every person’s injuries and losses are reviewed individually. In class actions, everyone is grouped together.
- Different vs. similar injuries: Mass tort injuries can vary greatly among individuals. Class actions involve injuries or damages that are almost identical for everyone involved.
- How money is awarded: In mass torts, compensation is based on each person’s unique injuries. In class actions, everyone usually receives the same amount or an amount based on a standard calculation.
Understanding these differences might help you decide which legal action fits your situation.
Which Lawsuit Is Right for You?
The right type of lawsuit depends on your specific situation and the kind of harm you experienced.
A mass tort lawsuit might be better if your injuries are severe, complicated, or different from others involved. For example, serious medical conditions caused by a dangerous drug or other defective product usually need individual attention.
On the other hand, a class action might be a better choice if your losses are very similar to many other people. For instance, if you and hundreds of others were all charged the same illegal fee, a class action is probably the best way to handle it.
Steps to Take If You’ve Been Harmed
If a company’s actions or products harmed you, you should take specific steps right away to protect yourself:
- Write down details about your injuries or losses.
- Keep receipts, medical bills, and records of financial harm.
- Be careful what you say or sign when dealing with the at-fault company.
- Contact an attorney for a free consultation to review your legal options.
Taking these steps helps build a case that fully compensates you, whether you choose a mass tort or a class action lawsuit.
Contact a Lawyer Who Handles Mass Torts and Class Actions
Mass torts and class actions are complicated. Talking to a lawyer experienced in these cases is the best way to understand your legal options. Most attorneys provide free consultations, so you can discuss your situation without any cost or risk.
Contact The Dallas Personal Injury Law Firm of Benton Accident & Injury Lawyers Today
If you’ve been injured in an accident in Dallas, TX, contact us for more information, please contact the experienced Dallas personal injury lawyers at Benton Accident & Injury Lawyers today. We offer free consultations.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
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