Mass Tort Litigation
What is the difference between a Class Action and a Mass Tort?
You can start a class action if you’ve been harmed, financially or physically, as a result of wrongful or neglectful actions by a company or group of people, and believe others have been inflicted in the same way. Generally if the number of people who’ve been impacted by the same thing number in the several dozens or more, then a class action might be the most appropriate action.
The best advice we can offer when filing a class action is to hire an experienced class action attorney. Class actions are generally very complex and, if the defendant has money, then it’s safe to assume they will employ very skilled attorneys to conduct the defense for them.
Once you’ve chosen your legal team, you will likely receive a free consultation where you will present your side of the story and find documents to be filed as evidence. The lawyers will then conduct some investigation to see if there is a legitimate case to be made. Once the lawyer determines that a suit can be filed, he or she will draft the complaint.
As you can see, it doesn’t take much effort on your part to start a class action. Your attorney will be the one to handle the workload of such a case and compensation will be provided from the settlement. If you truly believe you have a legitimate class action case, reach out to an experienced lawyer about it.
Remember a class action is a type of mass tort, however, a mass tort is not the same as a class action!
- If the complaint names several plaintiffs, it is likely a mass tort.
- If you can find the word “joinder” and Rule 20(a), it is a mass tort.
- If the complaint names only a few plaintiffs but the complaint states “Class Action,” then it is a class action.
- If you see Rule 23, and a Class definition, then it is a class action.