What Is a Mass Tort?
The courts may designate lawsuits as a “mass tort” when there are multiple lawsuits against a few defendants from numerous plaintiffs with similar or identical complaints. The main difference between mass torts and class action lawsuits is how the court treats the plaintiffs. In some class action lawsuits, the same sum is paid to each class member while in mass tort cases, each individual may be paid a unique sum determined by their specific damages.
What Is a Class Action Lawsuit?
A class action lawsuit is a form of litigation that involves multiple plaintiffs against a single defendant (the defendant can be a single person or an entity, such as a business). The plaintiffs, known as class members, are part of a large general group that has experienced similar harm at the hands of the defendant. For example, class members may include all of the people who developed an adverse side effect by using a defective drug.
How Do Class Action Lawsuits Work?
In a class action lawsuit, cases are brought by a single representative entity that stands for the interests of all class members. Each member of a class action lawsuit on the plaintiff side often has a similar case and is interested in the same outcome. The plaintiff case is presented as a single viewpoint—every class member’s story will not be presented in the case. Rather, the plaintiff case is representative of the general impact of the defendant’s negligence.
A person does not necessarily need to be involved in the actual legal processes of a class action lawsuit to be affected by its resolution. In some cases, the plaintiff team represents thousands of people, making it impossible for them all to be involved in the claim. Class members may be sent a notice that they are part of the lawsuit and could recover compensation in the event of a favorable outcome. Class members may also choose to opt-out of a case.
For example, a person may be entitled to a class action settlement because they use a drug that has been identified as carcinogenic. Another user of the drug could bring a suit against the pharmaceutical company and if they are successful, all patients would have the option to recover compensation from the lawsuit.
Call for a No-Cost Case Evaluation
If you believe you qualify for inclusion in an existing class action lawsuit or are interested in organizing a suit, contact Bendit Weinstock, P.A. We can assist you if you would like to file a class action lawsuit or if you have received notice of a case and are curious about your rights.
To schedule a free consultation with our New Jersey class action attorneys, complete our contact form or call (973) 736-9800.