What Is a Class Action vs. Mass Tort?

The Difference Between Class Action Lawsuits and Mass Torts

If you’ve been hurt by a dangerous product, medication, or toxic exposure, you may have heard terms like “class action” or “mass tort” and wondered what they mean. The question of a class action vs. mass tort can make a huge difference in your case and what you get for your injuries.

Both types of cases involve large groups of people who’ve been harmed in similar ways. But they’re handled differently in court. Our firm has decades of experience with both, and I can help you understand why you might prefer one over the other.

What Is a Class Action Lawsuit?

A class action lawsuit is when one (or a few) people file a lawsuit on behalf of a larger group that was harmed in the same way by the same company or product.

Everyone in the group is treated as part of the same case. If the case wins or settles, the compensation is usually split among all the members of the class.

Class actions are often used for:

• Defective products
• Data breaches
• Unfair business practices
• Medications with minor side effects

Because the cases are grouped together, the court system can handle them more efficiently. But it also means your individual injuries and details don’t really get considered. And as a result, your share of the settlement may be small.

What Is a Mass Tort?

A mass tort is different. While it still involves a large group of people harmed by the same issue – like a dangerous drug or defective medical device – each person files their own individual lawsuit.

These cases are usually grouped together in a single court for convenience. But each person’s injuries, damages, and compensation are considered separately.

Mass torts are common in cases involving:

• Dangerous drugs, including drugs that cause cancer or organ damage
• Toxic chemical exposure (like Camp Lejeune water contamination)
• Defective medical devices
• Widespread and serious product failures

Mass torts allow you to tell your full story. Your case is not just one of many – it reflects your unique experience. That often means you have a better chance of receiving compensation that truly reflects your pain, suffering, and expenses.

Which One Is Right for You?

When deciding between class action vs. mass tort, it’s important to understand the advantages and disadvantages of each option. Both approaches can be powerful, but they serve different needs.

Choosing between these two options depends on the details of your case. If your injuries are minor and similar to others, a class action might be appropriate.

But if your injuries are serious, long-lasting, or life-changing, a mass tort may give you a better shot at fair compensation.

Class Action: Pros and Cons

Class action comes with certain convenience.

These types of cases usually move through the legal system faster, because all the claims are bundled together. And you usually don’t need to testify or be heavily involved. The lead plaintiffs handle most of the case.

Plus, if your damages are small or similar to thousands of others, a class action may be the only realistic way to seek compensation.

But depending on the details of your case, this option might come with serious disadvantages:

For one, settlements are often divided among everyone in the class, which means you may receive only a small portion, even if your injury was serious. You also don’t have much say in the legal strategy or settlement terms. And your individual situation, pain, and losses aren’t told or considered separately.

As a result, you may get much less in the settlement or court award.

Mass Tort: Pros and Cons

With a mass tort, the courts consider your injuries, medical bills, and emotional suffering individually.

Because they look seriously at your unique damages, you have a better chance of receiving a fairer and larger settlement or court award.

In addition, you work with a lawyer one-on-one, which gives you a voice in how your case is handled and some control over your own strategy.

The biggest disadvantage is that mass torts can take longer to resolve. And you may need to provide more information, attend meetings, or even testify.

But you don’t have to go through it alone, and that extra wait could make a huge difference in your payout.

An Award-Winning Mass Tort Legal Team On Your Side

At our firm, we believe your story matters. If you’ve suffered a serious injury, you deserve more than a one-size-fits-all settlement.

Mass torts allow us to fight for real justice – not just for the group, but for you. Your pain, your recovery, and your future deserve to be taken seriously. But if you still have questions about your next steps, you’ve come to the right place.

As a personal injury lawyer, I can help you figure out which path is right for you. And no matter what you choose, we don’t get paid anything unless and until we win your case.

If you’ve been hurt by a defective product, a harmful drug, or a toxic substance, don’t try to figure this out on your own. Contact us today for a free consultation, and let’s talk about how to get the compensation you truly deserve.