Difference Between Mass Torts and Class Action Cases
When it comes to mass tort class action cases, people tend to get the two confused. Although both types of cases usually end with similar outcomes, they are often confused; however, they are handled completely differently. With that being said, we are here to help you understand the vast difference between the two.
The reason as to why the two types of cases are often confused is because they both involve multiple plaintiffs that are seeking compensation for damages that they have faced. In short, mass tort and class action cases involve multiple victims who have gone through a hardship brought by the defendant. In essence, the reason why multiple plaintiffs are combined is because it cuts down on the several cases that would have been filed if each plaintiff decided to sue separately. In addition, it is a much more efficient way of going after the problem that has arised.
How Are They Different?
The big difference between mass tort and class action cases is based on how big the group of plaintiffs is handled. For mass tort cases, it can be dependant on whether the plaintiffs are located near each other. As a result, mass tort cases are significantly smaller groups than a class action lawsuit. It is important to note that just because a mass tort lawsuit involves more people than other lawsuits, the victims are still treated fairly as individual plaintiffs. They are questioned on each of their experiences and must prove whatever negligence that brought each of them to filing a lawsuit.
As for the class action suit, it is considered a “class” and they are represented by an individual, which is called a class representative. The class representative stands on behalf of the rest of the plaintiffs that are involved and they are all treated as one plaintiff.
Class Action Lawsuits
In order for a group to form a class action lawsuit, the plaintiffs must all meet a specific standard. Of course, each person in the class must be aware of the lawsuit and must be given the option to not participate or find their own representation. In addition, the class must file a motion for approval in order for a representative to act on behalf of the rest of the plaintiffs.
According to the Federal Rules of Civil Procedure, the following prerequisites are required in order for a class action lawsuit to proceed:
(1) The class is so numerous that joinder of all members is impracticable (2) There are questions of law or fact common to the class (3) The claims or defenses of the representative parties are typical of the claims or defenses of the class (4) The representative parties will fairly and adequately protect the interests of the class
Mass Tort Lawsuits
A mass tort suit occurs when one of the prerequisites for a class action suit has not been met. A good example of a mass tort case is when a plaintiff may have a different experience from another. Mass tort suits work better for individuals who may have a different outcome compared to another plaintiff. For example, mass tort suits are filed when individuals have fallen victim of a defective product or drug. The results of a defective product or drug can vary tremendously, which is why a mass tort suit is more suitable in this type of case versus being classified as an entire class.
Do You Need a Mass Torts Lawyer Los Angeles?
If you believe that you may have a mass tort case, feel free to call us any time to speak to a Los Angeles mass torts attorney. For obvious reasons, it can be extremely complicated and stressful for victims; however, our team are experts is mass torts cases and we have successfully handled several lawsuits for our clients. Victims should never keep quiet and should know their rights. We will be able to explain every step of the case, so that you are never left in the dark. As a successful personal injury lawyer Los Angeles, you will learn that you can trust our team every step of the way.
You can trust that our mass torts attorney Los Angeles will handle each part of your case from start to finish. We know what it takes to win on behalf of our clients.
If you are a victim of a defective product, drug, or any other mass torts case, our Los Angeles mass torts attorney will gladly help you.