A class action and a mass tort are both legal mechanisms used to address civil disputes involving multiple individuals who have been harmed by a common cause, such as a defective product, environmental contamination, or pharmaceutical negligence. However, there are some key differences between the two.
Class Action: A class action is a lawsuit brought by a representative plaintiff or a group of plaintiffs (known as the class representative) on behalf of a larger group of individuals who have suffered similar injuries or damages. In a class action, the class representative’s claims represent the claims of all class members, and the court’s judgment applies to everyone in the class unless they choose to opt out. Class actions are often pursued when the number of potential claimants is large, but individual claims might be small, making it impractical for each person to file a separate lawsuit.
Mass Tort: A mass tort refers to a legal action that arises from a single event or a common set of circumstances that has caused harm or injury to numerous individuals. Unlike a class action, mass tort cases treat each plaintiff as an individual claimant, rather than being represented collectively by a single plaintiff. Each plaintiff files an individual lawsuit, and the claims are typically consolidated in a single court or jurisdiction to streamline proceedings and facilitate coordination. Mass tort cases allow plaintiffs to pursue compensation for their specific injuries and damages.
Key Differences:
- Representation: In a class action, a representative plaintiff represents the entire class, while in a mass tort, each plaintiff has an individual lawsuit.
- Opting out: In a class action, class members are automatically included unless they choose to opt out, while in a mass tort, plaintiffs are not automatically included and must individually join the lawsuit.
- Judgment impact: In a class action, the court’s judgment applies to all class members, while in a mass tort, each plaintiff’s case is resolved individually, and judgments may vary.
- Individual compensation: Class actions often result in a settlement or damages award that is divided among all class members, while mass torts focus on individual compensation for each plaintiff’s specific injuries.
It’s important to note that the specific rules and procedures governing class actions and mass torts may vary depending on the jurisdiction and the legal system in which the cases are filed.
Should you want to learn more, please contact Indiana Lawyer, Dan Chamberlain.