July 20, 2022
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Most people have heard of class action lawsuits, but what is a mass tort lawsuit? While both types of lawsuits involve numerous plaintiffs alleging similar claims against a single entity, there are some key differences worth noting.
The primary difference between the two forms of lawsuits is the plaintiff’s level of control over the case. Let’s take a look at both types of lawsuits.
What Is A Class Action Lawsuit?
Class actions are a type of civil lawsuit brought on the behalf of many individuals who have been harmed in the same way by the same entity, usually a corporation. Because these individuals may not have the resources to individually sue the party responsible party, they are given an opportunity to join a single lawsuit where all individuals are treated as a single plaintiff or “class”. This means, class actions may produce the same outcome for each individual who is involved regardless of the amount of damages they have suffered.
Class action litigators are trial attorneys who usually receive a portion of the total compensation awarded if the lawsuit is successful. However, if the lawsuit fails, the clients are not charged any fees.
Common issues in class action lawsuits include illegal hiring or salary practices, dangerous or defective products (motor vehicles, machinery, prescription drugs, toys or electronics).
What Are Mass Tort Lawsuits?
In mass torts, individuals with various injuries can file individual claims against one or more at-fault parties in civil court. These claims involve similar grievances from people who suffered physical or financial damage due to the negligence of a large company. Unlike class action lawsuits, the court considers mass tort plaintiffs as individuals, and the compensation each plaintiff receives if their case is successful will reflect their own specific damages.
Mass tort attorneys are also generally paid either under a contingency fee, meaning that they will only receive a portion of the total compensation awarded if the lawsuit is successful.
The most common issues in mass tort lawsuits are personal injuries from dangerous drugs, defective medical devices, defective products or mass disasters and toxic conditions (such as a BP oil spill).
Why You Need An Experienced Attorney
Having an attorney on your side can provide many benefits including access to investigatory resources, a network of expert witnesses, and the negotiation and trial experience necessary to advocate for your best interests.
If you or a loved one has been injured by a drug or a medical product it is important to consult a lawyer that concentrates in complex litigation and is experienced in the differences between class action and mass tort lawsuits. The lawyers at Cellino Law have decades of experience with successful recovery of hundreds of millions of dollars for mass tort individuals and their families. If you believe you may have a claim, call the attorneys at Cellino Law today at (888) 888-8888 to learn how we can help.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.