What is the Difference Between a Mass Tort and Class Action Lawsuit
The King Firm Mass Tort Cases
The King Firm is always ready to handle mass tort cases! Mass tort cases that were brought on by a defective product such as talcum powder or faulty medicine can be intimidating for those who have been harmed to come forward. Just because the defendant is a big corporation doesn’t mean you can’t get the justice you deserve.
What Is a Mass Tort?
A mass tort is a civil action lawsuit that is based on the idea that there are many plaintiffs (the people who are making the accusation) to the case and they have all been harmed in some way by the defendant (the person accused of being responsible). The case is typically done on the state or federal level and is most commonly the result of defective products, mass transit accidents such as planes and trains, pollution or a large scale construction accident. Of all of those, many mass tort cases involve the unexpected side effects of a particular medicine or drug that was not provided as information. As such, the people who have taken that drug have experienced harmful effects that have been proven to be bad for their health.
What is a Class Action Lawsuit?
A class-action lawsuit is similar to a mass tort in that there are multiple plaintiffs and possibly multiple defendants. These lawsuits often have very particular criteria that are required for it to be classified as such. The name “class action” refers to the fact that the lawsuit is centered around a particular class of individuals who all have a common ground of being harmed by the defendant in exactly or almost exactly the same way.
In class action lawsuits, because there are so many plaintiffs it becomes necessary for there to be a class representative who represents the interests of many individuals—including individuals who are not directly involved in the litigation process. Many people can fit the description of being part of the class that was harmed and not even be aware of the case. One example is that people can be harmed by a medication they were taking and they don’t make the connection between the two if the health problem persisted after they stopped taking the medication.
What’s The Difference Between Mass Tort and Class Action?
Even though they seem similar, there are some key differences between the two lawsuits. The biggest difference involves how the plaintiffs are treated as a group. In class action cases, the plaintiffs are treated as one group that is represented by the class representative.
However, in mass tort cases, the plaintiffs are treated as individuals. The reason for this is due to the fact that the damages vary in mass tort cases whereas in class action lawsuits, the damages are split evenly unless a person can prove they suffered more damage in particular.
For example, in mass tort cases where a medicine or drug has caused undue damage due to an unstated risk in the medicine, the effects can vary greatly from person to person.
New Orleans Law Firm
Whether it is a class action lawsuit or a mass tort case, you can trust The King Firm to fight for you.
Nobody should suffer due to the neglect of another party, let alone go without compensation. The King Firm has helped many people who have been left without help, whether that was through a personal injury they received, or they are part of a group of people who have been hurt on the job due to an accident or neglect. We know firsthand that these cases can be won and justice can be served.
Contact us here or call The King Firm today at (504)-909-5464 so you can get the justice you deserve!