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A mass tort is a type of legal process used to streamline the legal process when there are a large number of lawsuits alleging similar harm against the same defendant or group of defendants. Although mass torts have some similarities to class action lawsuits, there are some important differences.
Mass Tort Definition
A mass tort is a type of civil litigation that involves numerous lawsuits against the same defendant or group of defendants.
The mass tort process allows lawyers to put forth bellwether cases and use the judgments in these cases to propose a settlement structure for the other individual lawsuits that are still active.
Mass Tort vs. Class Action
Mass tort litigation is similar to class action lawsuits in that both types of lawsuits are filed on behalf of a large number of individuals who have suffered similar harm.
While a class action lawsuit typically involves a single case filed on behalf of putative Class Members who have been injured in a similar manner, mass tort lawsuits may involve a number of similar lawsuits against the same defendant to progress individually.
A class action lawsuit is generally initiated by a representative plaintiff or a lead plaintiff who seeks to represent the Class Members. A single lawyer or a group of lawyers may represent the plaintiff until the case is dismissed, settled, resolved at trial, or otherwise comes to an end.
On the other hand, mass tort litigation typically begins when a significant number of individual lawsuits against a certain defendant have been filed and are subsequently consolidated in order to streamline the cases. Each individual lawsuit may be handled by different lawyers who share resources and information.
Compensation is also distributed differently in a mass tort vs. class action lawsuit. If compensation is awarded in a class action lawsuit, the award will be distributed to all eligible claimants. In a mass tort, compensation will be awarded based on the outcome of each individual case. This process potentially allows plaintiffs who have suffered serious injuries to recover more money than those who have suffered less severe harm.
What is the Mass Tort Settlement Process?
After judgments have been reached in the bellwether cases, mass tort lawyers will use them as a basis to negotiate settlements for the remaining active cases. Because each case included in the mass tort involves an individual plaintiff, each plaintiff will have the opportunity to accept a proposed settlement offer or reject it and take their case to trial.
The mass tort settlement process is different than that in a class action settlement. In a mass tort, individual plaintiffs retain the ability to accept or reject the settlement. In a class action lawsuit, the representative plaintiff ultimately determines whether to accept or reject a proposed settlement on behalf of the Class.
What Are the Advantages of Joining a Mass Tort Lawsuit?
There are several advantages to joining a mass tort lawsuit. A big advantage to mass torts is that the bellwether cases give plaintiffs an idea of how successful their individual case might be if it went to trial. Because a team of mass tort lawyers work together to negotiate settlements, a plaintiff may be more likely to be offered a settlement to resolve their case. At the same time, a mass tort lawsuit also allows plaintiffs to decide for themselves if they would like to accept the proposed settlement or take their case to trial. A mass tort lawsuit typically does not require a plaintiff to pay anything until they win the case because mass tort lawyers are generally paid through contingency fees.
How to Find a Mass Tort Lawyer
If you have suffered a severe injury due to a product defect or the negligence of a large corporation, you may have a legal claim. It is possible that mass tort lawyers are already representing clients with similar issues. Check out the list of active investigations on Top Class Actions that lawyers are currently working on to see if you qualify.
If you are thinking of filing a lawsuit, an easy way to find a qualified lawyer is to submit your information here. A network of mass tort lawyers will review your information and contact you if you have a potential case.
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