Many people have heard of class action lawsuits, but few are familiar with mass tort litigation. Although mass tort litigation is similar to class action lawsuits in that there are multiple cases combined into one, there are some differences.
A class action lawsuit is a type of mass tort litigation. In order to reduce the number of court cases in the system, mass tort litigation covers a wider range of claims than class action suits.
Mast tort litigation is filed when many consumers are injured due to defective products, such as drugs, automobiles or household items. They are complicated because they are not structured into standard legal procedures and it can be difficult to determine settlements and compensation in some cases.
Differences from Class Action
In a class action suit, a legal action is filed on behalf of an entire group, or class. In order to be part of the lawsuit, plaintiffs must be in the same class.
In other words, they must have been injured in the same way by the same product or suffered damages just as others in the lawsuit have suffered. For example, a credit card company may have overbilled customers.
The class action plaintiffs agree that all claims will be decided through a single claim. In addition, those in the class must be notified of the lawsuit and given the opportunity to opt-out of the class action in order to hire their own attorney.
Class action lawsuits often bring about corporate change but plaintiffs often receive very small amounts of money once the claim is settled.
Mass Tort Requirements
In mass tort litigation, the injuries to consumers may not be the same. Because defective drugs and products can cause different problems in different users, mass tort litigation allows for all types of injuries to be included under one lawsuit.
Mass tort litigation reduces the number of court cases in the system and allows investigators to combine resources, information and ideas to be sure settlement benefits a wider range of injured consumers. Typical mass tort litigations include injuries suffered from:
- Product recalls
- Defective products
- Illnesses from food, water or beverages
- Injuries sustained by tobacco
- Implants and devices used for cosmetic purposes and/or medical conditions
- Exposure to toxic substances, such as asbestos
- Violations of health codes
If you or a loved one has been injured by a product, you may qualify for mass tort litigation. Contact Lundy Law today to learn whether others have suffered injury from the same product, making you eligible for mass tort litigation. You can arrange a consultation by phone or online today.
