Mass Tort vs. Class Action: What’s the Difference (and Which Is My Case)?

When a lot of people are injured by the same product or company, their claims can be grouped together. That doesn’t always mean they are part of a class action. Some claims are handled as mass torts, while others move forward as class actions. The two can look similar from the outside, but they treat injured people very differently.

If you believe you were harmed by widespread corporate conduct, a Tuscaloosa mass tort lawyer can explain how your claim may fit into larger litigation and what that could mean for your recovery.

What is a mass tort?

A mass tort is when many people say they were injured by the same product or conduct. The claims share important facts, but each injured person generally maintains an individual claim.

For instance, many people may say that the same prescription drug hurt them. Their claims may all be based on evidence of how the drug was designed or marketed. Still, one person may have suffered a mild injury while another developed a life-changing condition. Their losses can also be very different.

Those differences are important. In a mass tort, each person’s injuries and losses can be considered separately. One person’s recovery does not automatically determine what another person may receive.

Mass tort cases are often coordinated because the claims involve much of the same evidence. In federal court, related lawsuits may be transferred into multidistrict litigation, often called an MDL, for shared pretrial proceedings. Each lawsuit still remains an individual case.

The national opioid litigation is one example of large-scale litigation coordinated through an MDL. Prince Glover Hayes has extensive experience in opioid litigation. The firm has worked in National Prescription Opiate Litigation MDL 2804 and has served as outside counsel in Alabama’s efforts to hold opioid manufacturers and distributors accountable. The firm’s news post about the Alabama opioid settlement funds explains how some of those funds are being used.

What is a class action?

A class action is structured differently from a mass tort. In a class action, one or more named plaintiffs bring claims on behalf of a larger group of people who share legally important facts. That larger group is called the class.

A court must decide whether a proposed class meets the legal requirements for certification. In federal court, those requirements come from Rule 23 of the Federal Rules of Civil Procedure. The court considers whether the proposed class has common legal or factual questions and whether the named plaintiffs can fairly represent the group. The court also considers other requirements, some of which depend on the type of class action requested.

Once a class is certified, the lawsuit can resolve certified claims for many class members through one case. In some types of class actions, people receive notice and have a right to opt out.

For example, Prince Glover Hayes represents a survivor in litigation involving Pornhub’s parent company. A federal court certified a class of people who were under 18 when they appeared in certain content made available on websites owned or operated by the defendants, including Pornhub. The firm’s post about the Pornhub class action discusses the case.

How is compensation different in a mass tort and a class action?

The way compensation is handled is one of the biggest differences between a mass tort and a class action. In a mass tort, each plaintiff has an individual claim. A Tuscaloosa mass tort lawyer may need to show how the defendant’s conduct affected that particular person. The value of the claim can depend on the severity of the injury and the amount of financial loss. Evidence connecting the injury to the defendant’s conduct is also important.

Mass tort settlements sometimes use agreed systems to evaluate large numbers of claims. Even then, the amount available to one person can differ from the amount available to another because their injuries are different.

In a class action, the court-certified class proceeds through one lawsuit for the claims that were certified. If the case settles, the agreement may create a formula or claims process for distributing money to eligible class members. Class members do not necessarily receive identical amounts. Their recovery is generally controlled by the class settlement rather than by separately negotiating each person’s lawsuit.

A mass tort can involve thousands of people while still treating their claims individually. A class action uses representative plaintiffs to pursue certified claims for the class as a whole.

Why are so many claims handled together?

Large cases can involve enormous amounts of shared evidence. If hundreds of people accuse the same company of similar wrongful conduct, it would be inefficient for courts to repeat the same discovery disputes or require the same documents again.

Coordination can make the process more efficient while preserving individual claims. In an MDL, a judge can address shared pretrial issues in one court. Some cases may be selected for early trials called bellwether trials. Those trials can show both sides how juries respond to the evidence. They do not automatically decide the remaining cases.

Class actions create efficiency in another way. Representative plaintiffs pursue certified claims on behalf of the class instead of requiring each class member to file a separate lawsuit.

Does every large lawsuit become a mass tort or class action?

No. The number of people who were harmed does not decide the legal structure by itself. A case may be better suited for mass tort treatment when plaintiffs share allegations against the same defendant but have very different injuries. A class action may be possible when common questions can be resolved for the group through representative claims.

Some large lawsuits fit neither structure. People may pursue individual cases even when others have sued the same company.

The firm’s work involving TikTok shows another form of large-scale litigation. Prince Glover Hayes has worked with the State of Alabama in a lawsuit against TikTok Inc. and ByteDance Inc. that alleges deceptive practices aimed at young users. You can read more in the firm’s post about Alabama’s TikTok lawsuit.

How do I know which type of case I have?

You may not know from news reports whether your claim belongs in a mass tort or class action. It may instead be an individual lawsuit. The answer depends on the facts of your injury and the legal claims available to you.

An attorney can investigate whether related litigation already exists. An attorney can also review filing deadlines and determine what evidence may connect your injury to the defendant’s conduct. If an MDL or certified class already exists, the attorney can determine whether your circumstances fit within it.

It is important not to assume that another person’s lawsuit protects your rights. Filing deadlines can apply even when many similar claims are already pending.

How can Prince Glover Hayes help?

Large-scale litigation can place injured people against companies with extensive legal resources. If you believe you were harmed by a dangerous product or widespread corporate conduct, speak with a Tuscaloosa mass tort lawyer at Prince Glover Hayes about your options. Call us or reach out online to schedule a consultation and learn what type of claim may be available to you.