When a product, service, or company harms many people, it often leads to legal action. Two of the most common types of group litigation are class actions and mass torts. While both deal with multiple plaintiffs going after the same defendant, they are not the same thing.
Understanding the differences between these two can help you figure out which legal option is best for your situation.
What Is a Class Action Lawsuit?
A class action lawsuit is a legal case filed by one or more people on behalf of a larger group who suffered similar harm. The people in the group are called the “class,” and the person who files the case is known as the “lead plaintiff.”
Everyone in the class has essentially the same complaint. If the lawsuit is successful, the result—whether it’s a settlement or a court decision—applies to everyone in the class.
For example, let’s say a bank illegally charges hidden fees to thousands of customers. Rather than each person filing their own lawsuit, one person can sue on behalf of the entire group.
What Is a Mass Tort Case?
A mass tort also involves many people harmed by the same company or product, but each person files their own separate lawsuit. These cases are grouped together in court for convenience during the early stages (like gathering evidence), but each case is later handled individually.
Mass torts are often used when the people involved were hurt in different ways or to different degrees. For example, if a defective medical device causes various injuries to different people, each person’s case might need to be looked at separately.
Key Differences Between Class Actions and Mass Torts
Although both types of cases seek justice for multiple people, they’re handled very differently:
- Structure: Class actions have one main lawsuit and one result. Mass torts are made up of many individual cases.
- Injuries: Class action plaintiffs usually have similar injuries. In mass torts, injuries can vary widely.
- Compensation: Class action members typically split a settlement. In mass torts, compensation is based on individual harm.
- Involvement: Class action members usually don’t have to do much once the case is filed. Mass tort plaintiffs are more involved in the process and may even need to testify.
Which Type of Case Is Right for You?
If you’ve suffered harm and think others have too, the best course of action depends on a few things:
- How many people are involved?
- Are the injuries the same for everyone?
- Would individual attention help your case?
An experienced attorney can help you decide whether a class action or mass tort is better for your situation.
Get Legal Help You Can Trust
At Zimmerman Law Offices, we have years of experience helping clients across Illinois and throughout the country with both class actions and mass torts. If you believe you’ve been affected by a company’s wrongdoing, don’t wait. Let’s talk about your legal options and the best path forward.
Contact us today for a free consultation.
