Class Action vs. Mass Tort: What’s the Difference?


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Have you ever been watching television and seen an advertisement for a class-action suit? That’s because in the United States, when a company harms or endangers its customers, it’s subject to damages depending on the scope of the trauma caused by the problem.

There are also mass-tort lawsuits, which also involve a bunch of people suing a person or business entity, but they’re slightly different. In this article, we’ll explore class-action and mass-tort suits and what makes them different.

What’s a class-action lawsuit?

class-action lawsuit

As we mentioned in the introduction, you’ve probably seen a television ad prompting people who’ve used a specific product and are experiencing certain symptoms to become a class member in a lawsuit. A class-action lawsuit is the most popular type of lawsuit when a company or individual has caused harm to multiple individuals. The Similac NEC lawsuit is a great example of a popular, currently ongoing class-action suit.

In a class-action suit, all of the claimants are known as a class, and each member of the class shares the same attorney. There is one judgment for the entire class, and the claimants share the reward if they win their case.

What’s a mass-tort lawsuit?

A mass-tort lawsuit is slightly different from a class action suit. In a mass-tort suit, each plaintiff represents a subclass, and they each have their own legal representation. Additionally, each plaintiff in a mass-tort suit receives their own judgment. That means that a judge could rule in favor of some claimants and against others.

One of the good things about mass-tort suits is that they can increase your chances of winning your case if you have a particularly strong case compared to other claimants. You could also end up receiving a larger settlement.

What are the benefits of filing a class-action suit?

As you can imagine, there are plenty of advantages to filing or joining a class-action suit. Of course, the biggest advantage is that there’s power in numbers. The more plaintiffs that are on your side, the worse it looks for the company being sued from the standpoint of perception.

Another great thing about being part of a class-action suit is that you’re sharing representation with everyone else involved in the case. That means you also share the costs for legal fees if you win your case. Furthermore, the class lawyer will only charge a fee if you win your case.

How do you know which kind of lawsuit to initiate?

Believe it or not, there’s nothing tricky about initiating a class-action suit. However, if you’re the lead plaintiff, your first task is finding the right lawyer to present your case. You want attorneys like the Sutherland Shire lawyers Solari and Stock, who have a reputation for fighting tooth and nail to get justice for their clients. Indeed, you also want a large law firm since they’ll be handling a large case and will likely need a lot of resources, like expert testimony and private investigators.

A class-action lawsuit is one in which all the alleged victims of a company are suing as one collective entity and will share the reward if they win the case. In a mass-tort case, each plaintiff in the case is treated as an individual. Each plaintiff receives their own verdict and reward based on the facts of their individual case. There are times when it’s better to join a class action suit, times it’s better to go with a mass tort suit, and instances when it’s better to proceed alone with your attorney. Ultimately, you must make the decision that gives you the best chance of getting justice and the compensation you deserve.


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