A mass tort is a product liability suit that arises out of a single event and seeks to compensate an entire class for damages. In contrast, a class action suit seeks compensation for all the plaintiffs of a specific class who suffered injuries.
A lawsuit over food poisoning from contaminated lettuce would be an example of a mass tort. In contrast, if it were possible to calculate the individual losses from that incident, it might be considered an example of a class action case. Here are some differences between a mass tort and a class action case.
The Number of People
One of the main differences between a mass tort and a class action case is that a class action case addresses the damage to individual class members. In contrast, a mass tort addresses damage to entire groups of people.
A classic example would be asbestos poisoning. An individual who develops mesothelioma or asbestosis could seek damages for his injuries. Still, if a large group of people got harmed by asbestos, then there might be other actions that an entire group could take.
The Scope of Liability
The scope of liability also differs between class action cases and mass torts in that class actions are often held less liable than mass torts. It might be possible to hold every person remotely involved in a mass tort case at fault, but this is less common in a class action case.
Ethical Conduct
Suppose a class action attorney gets hired to represent all the members of a class. In that case, it might be possible for them to argue that how the specific injury got caused supports their theory that each member should get compensated.
In a mass tort case, a mass torts lawyer representing many similar cases can plan a legal strategy more effectively. Since the cases are connected, an attorney can collect legal and scientific evidence that benefits several cases.
The Costs of Litigation
One of the significant differences between a class action case and a mass tort is that class actions are usually much more expensive to file. Because many more people could argue the same case, it takes more time and money to prepare.
The case might also get brought in federal court instead of the state court, which can add to the overall legal fees. The costs of a mass tort case can be much lower since they are often settled out of court and without legal fees.
The Amount That Is Recovered
Another difference between a class action case and a mass tort case is the amount recovered. In class actions, it might be possible to calculate the amount that could get recovered for each person in the specific class, but this cannot get done in most cases of mass torts.
In a class action, each person could recover their damages and get compensated for them. Mass tort case, it is not possible to find out how much money would be needed to compensate all of the people who get harmed as a result of the incident.
The Process for Filing the Case
Class actions can be brought in state court, but mass torts can only be brought in federal court. The process for bringing a class action case is also different than the process for bringing a mass tort case. In both cases, several other differences could make it more difficult to bring and win lawsuits involving large groups of people.
Seek Legal Counsel
There are many differences between class actions and mass torts. However, the main difference lies in the level of control a plaintiff has. If you are not sure how to proceed, contact a lawyer for legal advice.
It might not be possible to determine precisely how much a class action attorney would get paid for handling a specific case, but one thing is that the amount will most likely be much higher than the amount charged for handling a mass tort case.
Irma C. Dengler
With a BA in communications and paralegal experience, Irma C. Dengler decided to make the best of her writing skills. She decided to turn complicated legal matters into something more
palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.
