A mass tort is a civil action involving numerous plaintiffs against one or a few corporate defendants in state or federal court. Law firms sometimes use mass media to reach possible plaintiffs.
The three main categories of mass torts include:
In U.S. federal courts, mass tort claims are often consolidated as multi-district litigation. In some cases, mass torts are addressed through class action lawsuits.
Most people have heard of class action lawsuits but are often unfamiliar with mass tort lawsuits. Class action and mass tort lawsuits are filed by a group of plaintiffs against a defendant for damages. This decreases the amount of single cases a court will have to hear regarding the defendant’s wrongful conduct. The key difference between a mass tort lawsuit and a class action lawsuit centers around procedural matters in how the plaintiffs are treated. Read on to learn more about the difference between a mass tort lawsuit and a class action lawsuit.
A class action lawsuit involves a single lawsuit that consists of several plaintiffs who are affected by one or multiple clients. One person files an action on behalf of the class of plaintiffs. This person is referred to as the class representative. A class action lawsuit must meet the following criteria in order to be valid:
● There must be several possible plaintiffs and lawsuits against a defendant that it would be impractical for them to file their own lawsuit. Plaintiffs usually number in the hundreds of thousands.
● The claims must raise common legal and factual issues. This will make it more efficient to deal with all claims at once.
● The named plaintiffs and representative must have the same claims and defenses as the others in the class.
● The representative must provide fair and reasonable protection for the class.
A court must certify the class in order for a lawsuit to proceed. Class members can accept or reject settlement terms by opting in or out of the class. The court will approve the settlement to ensure it is fair and reasonable.
Mass tort claims are lawsuits that contain a large number of plaintiffs who are affected by one or multiple defendants. Mass tort claims typically involve a sole product, drug, disaster, unfair business practice, or environmental tort or toxic tort. The mass tort plaintiff’s claims must have similar underlying facts and issues in dispute. The different cases will also have an interdependence in value.
A key difference between a mass tort lawsuit and class action lawsuit is that each claimant must have an individual claim resulting from distinct damages, and each plaintiff will receive his/her own distinct trial. This allows the plaintiff to recover his/her own damages without having to share it with the rest of the class.
Mass tort lawsuits come and go. Once it becomes known that a product, be it a medication, medical device, building material or household product is harmful it is recalled. From there a spike in lawsuits is seen and it can take years for them to settle. Right now current mass tort lawsuits are regarding:
Transvaginal Mesh & Bladder Slings
DaVinci Surgical Robots
Various automotive parts and models
No matter what type of prescription drug, medical device or household product you were injured by please contact our mass tort injury lawyers at once for a free initial consultation.
In certain situations, a personal injury claim should be filed as a mass tort lawsuit. A mass tort lawsuit is a civil action that has several plaintiffs involved against one or several defendants.
Mass tort lawsuits are different than personal injury lawsuits in that mass tort lawsuits involve the participation of large volumes of claims that regard a sole product, drug, disaster, unfair business practice, or environmental tort or toxic tort. In addition, the underlying facts and issues in dispute are similar, if not the same across the cases and different claims have an interdependence in value. Mass tort litigation includes product liability claims, antitrust claims against businesses, and large scale man-made disasters. In a mass tort action, each plaintiff must have an individual claim resulting from distinct damages, and each plaintiff will receive his/her own distinct trial. A key benefit of filing a mass tort lawsuit is that the preparation and investigation that goes into one case can be transferred to another case. In addition, the plaintiff can recover his/her own damages without having to share with members of a class.
Call a mass tort lawyer if you have suffered damages as a result of the negligent actions of another. If you suffered an injury as a result of a product, drug, disaster, unfair business practice, or environmental tort or toxic tort, you may want to consider calling a mass tort attorney. There may be other plaintiffs who have suffered from a similar act of negligence. Contact our law office to see if your claim is best suited to be filed as a personal injury claim or mass tort lawsuit.
What type of lawsuit is best for you? If you have suffered an injury that involves common legal facts and issues as other plaintiffs, in addition to the same defenses as other class members, you may want to consider filing a class action lawsuit. If you file a mass tort lawsuit, you will have your own standing to rely on in terms of evidence of wrongdoing. Though you may be able to use other evidence obtained by plaintiffs in mass tort lawsuits, it may not adequately support your claim. In addition, mass tort classes are hard to certify. Depending on the nature of your injury and how many people have been hurt, it may be easier to certify a class action instead of a mass tort lawsuit.
We invite you to contact our team of mass tort attorneys to discuss your claim in confidence. We can provide you with legal guidance and support on whether to file a mass tort lawsuit or a class action lawsuit.
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