A mass tort is a legal action that multiple plaintiffs can bring against one or more defendants in civil court. It involves similar complaints, and people who suffer physical or financial harm due to the negligence of a large company often file these types of claims. Examples of mass torts include explosions, commercial aircraft accidents, groundwater pollution due to the disposal of toxic waste, or harmful pollution emanating from industrial factories. Individuals can file a massive grievance at the state and federal levels. In a settlement, the defendants in a mass tort case agree to pay a certain amount of money to the plaintiffs in exchange for the dismissal of the lawsuit.
This allows lawyers and judges who deal with mass tort cases to take some concepts from class action lawsuits while still retaining the individual case of each injured party. Plaintiffs also maintain control over their individual claim and can choose to settle or go to trial. The Multi-District Litigation (MDL) process is often used in mass tort cases. This process consolidates multiple lawsuits into one court, allowing for more efficient management of the cases. It can result in a collective agreement for tort, but if the case does not result in compensation, plaintiffs can seek compensation for damages through individual lawsuits. Mass torts are very different from class actions.
In order for a group of lawsuits to be designated as mass tort litigation, mass tort lawyers who represent plaintiffs must file an application in federal or state court. Once a mass tort designation has been established and a judge has been selected, the judge usually holds a hearing to establish a schedule for certain issues. An important distinction is that mass torts often involve lawsuits for personal injury or property damage, while class action lawsuits can cover a wide variety of lawsuits, such as breach of contract, consumer fraud, and employment discrimination. Common types of mass tort lawsuits include those involving prescription drugs, medical devices, and asbestos. Collective tort agreements provide a level of fairness and flexibility that isn't possible with jury verdicts. In civil lawsuits based on civil liability law (also known as personal injury law), plaintiffs must demonstrate that the defendant's misaction, whether intentional or negligent, caused them harm in some way.
