When it comes to legal proceedings involving multiple parties, there are two main types of lawsuits that can be used: class action and mass tort. While these two types of lawsuits may sound similar, they have distinct differences that can affect the outcome of a case. The simplest factor to consider when determining which type of lawsuit to pursue is the number of plaintiffs. If there are too many plaintiffs, it is often more practical to choose a class action lawsuit.
However, in some cases, it may not be possible to qualify for a class action lawsuit. This is because plaintiffs' cases must be substantially similar in order for a class action lawsuit to be certified. A mass tort action occurs when each plaintiff in the group has different circumstances. This means that a massive grievance is established if the factual situations between the plaintiffs are very different and exceed the common issues needed for a class action lawsuit.
Class actions are just one type of massive tort litigation. Mass tort lawsuits are groupings of a large group of plaintiffs who file similar lawsuits. While class actions require class certification, general collective grievances do not require it. In some cases, a massive grievance will end in a class action lawsuit where collective certification is possible.
However, many times this is not the case. Initially, a person or group of people will file an alleged class action lawsuit against the defendant. The court will then decide whether to certify the lawsuit as a class action. If it does not, the case will proceed as a mass tort lawsuit.
The key difference between mass torts and class action lawsuits lies in how cases are handled. In a mass tort, each plaintiff has their own individual case, which is judged separately. This means that each plaintiff must prove their own injuries and damages, and the court will award damages on an individual basis. This can take longer and be more expensive than a class action lawsuit, but it can also result in greater compensation for plaintiffs.
In most cases, mass tort lawsuits are filed when consumers suffer large scale injuries from defective drugs or products. Lawyers are cheaper for each mass tort litigant because the costs are shared among the group of plaintiffs. Mass tort lawsuits are generally more complicated than class action lawsuits, since they don't necessarily follow standard legal procedure. An experienced lawyer can help you understand your legal rights and options, and will be aware of any class action or mass tort lawsuit you may be involved in.
To sum up, mass torts and class action lawsuits are two types of legal proceedings used to resolve disputes involving multiple parties. Class actions involve multiple plaintiffs with the same injury, while mass torts involve multiple plaintiffs with different injuries. Mass torts allow for greater variability in the compensation awarded to plaintiffs than class actions, but they result in more lawsuits. Most mass tort lawsuits seek to hold large corporations and companies accountable for injuries suffered by the public.
Because many people are involved in massive tort lawsuits, they are generally filed as class action lawsuits.
