Skip to content
Mass Tort VS Class Action | McKay Law

Mass Tort VS Class Action

Table of Contents

Mckay Law is eager to boldly fight and protect anyone who may be the victim in a Mass Tort or Class Action Lawsuit

Mass Tort VS Class Action

You may have heard the term “class action lawsuit” before. But are you familiar with what is called a “mass tort?” Both types of cases provide similar outcomes and are often confused, but each is handled very differently.

Differences Between Mass Tort & Class Action Cases

Many lawsuits involve an individual seeking compensation for damages. But in both mass tort and class action cases, the plaintiffs are made up of a large group of people who share the same grievance. In both instances, the group of plaintiffs alleges harm caused by a common defendant.

With both class action and mass torts, lawsuits are consolidated into one action rather than separate lawsuits. These proceedings are designed to cut down on the number of court cases that arise when many are harmed by the same problem.

What’s the Difference?

The main difference between mass torts and class actions is how the large group of plaintiffs is treated.

Mass torts often involve a group of distinct individuals sometimes from the same geographic area. Because of this, mass tort cases typically consist of a smaller group of injured plaintiffs than a class action suit.

Although plaintiffs in a mass tort are part of a large group, each member is still treated as an individual.  This means that each plaintiff must prove certain facts, including how each person was injured by the defendant.

Class action lawsuits are handled a little differently. In this type of case, the large group of plaintiffs is considered a class and is represented by an individual called a class representative. The class representative stands in for the rest of the class and all members are treated as one plaintiff.

What type of action is used for each case?

Class Action Lawsuits

A class action lawsuit has specific characteristics and must meet certain criteria.

All individuals in the class must be notified of the suit and given the choice to either opt out or find their own counsel. Before a class action lawsuit is established, a motion must be filed in court for a representative to act as a plaintiff on behalf of the entire class.

The Federal Rules of Civil Procedure have established the following criteria for class action lawsuits:

  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; and
  4. The representative parties will fairly and adequately protect the interests of the class.

Mass Tort Lawsuits

Mass tort action is often used when one of the legal criteria for a class action suit is not met.

For instance, a mass tort action could occur when each plaintiff within the group has varying circumstances. A mass tort is established if the factual situations between the plaintiffs is too different and outweighs the common issues necessary for a class action.

In most cases, mass tort claims are filed when consumers are injured on a large scale by defective drugs or products. As reactions to defective drugs or products differ greatly from individual to individual, these cases rarely fit into a single class.

Do You Know if You Have a Mass Tort Claim?

Mass tort lawsuits are generally more complicated than class action lawsuits as they do not necessarily follow standard legal procedure. If you think you have a mass tort claim, it can be hard to know where to begin.

That’s where McKay Law can help.

Our firm has established a reputation for successful claims involving defective drugs, medical devices, product liability, and other mass tort claims. Our consultations are risk-free with no cost or obligation to you. If you believe you may have a mass tort claim, call the attorneys at McKay Law today at (903) 999-2653 to learn how we can help you recover.

Mckay Law is eager to boldly fight and protect anyone who may be the victim in a Mass Tort or Class Action Lawsuit

Why McKay Law?

Lindsey McKay | Personal Injury Lawyer | Personal Injury Attorney | McKay Law | Legally Bold
McKay Law | Legally Bold | Personal Injury Lawyer

Passion For Justice – Compassion For Clients

Compassion. Confidence. Commitment.

Millions

Millions in recoveries for our clients.

10,000 +

More than 10,000 cases closed and settled for our clients.

13 +

More than 13 years of combined experience in the law industry.

Reasons to Hire
McKay Law

VIP / White Glove Service | Reasons to Hire McKay Law

VIP / White Glove Service

We are Available 24/7 - We take care of our client’s needs – whatever they may need – and advise and instruct from beginning to end.

We Care | Reasons to Hire McKay Law

We Care

We hope to you change your life and your situation and turn something tragic into something long lasting. No issue is too tiny for us to consider or too big for us tackle.

We Listen to Learn Your Story | Reasons to Hire McKay Law

We Listen to Learn Your Story

Injuries, pain, stress of life, the case, finances – We want to know you and be the voice to tell your story to MAXIMIZE results.

Any Legal Issue | Reasons to Hire McKay Law

Any Legal Issue

We are legally bold to help you. If we can’t address, We know the best.

Maximize Case Value | Reasons to Hire McKay Law

Maximize Case Value

We will ensure we can get you most $ possible.

No Fee Unless We Win | Reasons to Hire McKay Law

No Fee

Unless we win and also NO FEE for handling property damage

Over 40 Years of Service | Reasons to Hire McKay Law

Over 13 Years of Service

We have a long-line of success and a team that has worked together for decades and have perfected streamlining the process to make something stressful and painful as seamless and easy as possible