Mass Torts vs. Class Actions: What’s the Difference?

When large groups of people suffer harm from the same product, event, or corporation, they often seek justice through legal action. But should they file a mass tort or a class action? While these two types of lawsuits have similarities, they are legally distinct and have important differences that impact how cases are handled and how victims are compensated.

Key Differences: Class Action vs Mass Tort

While both legal strategies involve many plaintiffs and typically a single defendant, here are the most important distinctions:

What Is a Class Action Lawsuit?

A class action is a lawsuit filed on behalf of a large group of people who have similar injuries or damages caused by the same defendant(s). Rather than each person filing an individual claim, one or more “lead plaintiffs” represent the entire group, called the class.

Class actions are typically used when:

• There are too many people affected for individual lawsuits to be practical
• The injuries or damages are nearly identical across the group
• Combining small individual damages makes the claim financially viable to pursue. 
• The goal is to reach a collective resolution for everyone involved

Examples of class actions include data breaches, false advertising, defective consumer products, and consumer fraud.

Once a judge certifies the class, all affected individuals are automatically included in the lawsuit unless they choose to opt out. If the case succeeds, the settlement or verdict is shared among the class members, often in equal or proportionate amounts.

What Is a Mass Tort Lawsuit?

A mass tort is also a type of legal action involving multiple plaintiffs against a common defendant, but each plaintiff files their own individual claim. This means each person must prove how they were personally injured and may receive a different amount of compensation based on the severity of their damages.

Mass torts are often used when:

• The injuries arise from a similar course of conduct or defective product though they vary widely among plaintiffs
• The effects of the harm are not identical for everyone
• Individual case facts (such as medical records or exposure levels) need to be considered

Mass tort cases are common in situations involving defective drugs, toxic exposure, or large-scale disasters like train derailments or industrial accidents.

Pros and Cons of Each Legal Strategy

Why the Difference Matters

Understanding the difference between class action vs mass tort lawsuits matters because it affects:

• Your legal rights
• The compensation you may receive
• How your case is handled

If you’ve been injured by a defective product, harmful medication, or toxic exposure, you may have the option of filing a lawsuit that is part of a mass tort or class action. But depending on the specifics of your injury, one route may be far more beneficial than the other.

For instance, if you suffered unique side effects from a dangerous drug not experienced by others, an individual lawsuit that may be part of a mass tort may allow you to pursue a claim tailored to your specific situation. On the other hand, if you were one of thousands affected by a data breach where everyone had the same financial loss, a class action may be more appropriate.

Talk to an Attorney About Your Legal Options

Choosing between a mass tort and a class action isn’t something you have to do alone. An experienced attorney can help you determine which path offers the best chance at justice and fair compensation.

At Cohen, Placitella & Roth, we represent clients in both class actions and mass torts. Our team can evaluate your case, explain your options, and guide you every step of the way.