The results of a mass tort case and a class action lawsuit can often be similar, but the process and procedure for dealing with each case can vary significantly. Plaintiffs don't need to know each other in order to file a mass tort claim. Your lawyer can help you find a group of plaintiffs who will file a lawsuit if your claim meets the requirements for a mass tort lawsuit. Mass tort actions draw attention to negligent behavior and can act as a deterrent to continued negligence or prevent other companies from making similar mistakes.
While only one lawsuit is filed in a class action lawsuit, a class tort lawsuit often consists of multiple lawsuits. In both class actions and mass torts, the “plaintiff” is comprised of hundreds or thousands of people who have been injured due to the actions of a common defendant. Mass tort lawsuits can take longer than typical personal injury cases. A mass tort is an injury suffered by several plaintiffs, while the MDL refers to the federal procedure of combining several individual lawsuits into one larger lawsuit.
Class action lawsuits and class tort lawsuits refer to groups of people who have been harmed by a single negligent defendant, but they differ in how their lawyer approaches the case and often have different outcomes. At the start of the case, the lawyer must ask the court if the victims are allowed to file a mass tort. Each member of a mass tort is treated as an individual and must establish the facts to prove the damages caused by the defendant. The benefits of actively participating in a mass tort case are that you have the opportunity to share your findings, research, and ideas about how to approach the pre-trial process with other plaintiffs.
It should be noted that none of the plaintiffs divide the settlement amounts in a mass tort case. Like class action lawsuits, mass tort lawsuits typically follow a streamlined legal process that begins with talking to an attorney. As for mass tort lawsuits, payments are usually much higher and generally amount to hundreds of thousands of dollars. When the subject matter or other aspects of a lawsuit do not constitute a class action, massive tort litigation often takes place. These cases are called reference trials, and lawyers who specialize in mass torts often choose the most serious injuries to go to trial first.
