In a class action, one or more representative plaintiffs pursue claims on behalf of a legally defined class, and people who fit the class definition may be bound by the result unless they properly request exclusion. In a mass tort, each injured person ordinarily keeps an individual lawsuit. The cases may be coordinated for discovery and other pretrial proceedings through multidistrict litigation, but each claimant generally must establish individual exposure, causation, injuries, and damages.
Key Takeaways
- Mass tort claimants generally retain separate personal claims.
- Class members are represented collectively through named plaintiffs and class counsel.
- Mass tort compensation is usually based on each claimant's injuries and evidence.
- Class action benefits are commonly determined through a class-wide settlement or allocation plan.
- Mass tort cases may be coordinated in multidistrict litigation.
- MDL coordination does not automatically convert individual cases into a class action.
- Some disputes can contain both individual injury claims and class claims involving economic losses.
This article provides general information and is not legal, medical, tax, or financial advice. Case structure, eligibility, compensation, deadlines, and settlement rights depend on the product, injuries, court orders, contracts, governing law, and individual evidence. Reading this article does not create an attorney-client relationship.
Related Local Resources
Learn more about how our attorneys help clients with these matters across Hillsborough County.