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What are the similarities between a class action and a mass tort?
In the most common lawsuits, there is usually one person or “plaintiff” seeking compensation for damages. However, when it comes to mass torts and class action cases, the “plaintiff” is made up of hundreds or thousands of people that have suffered injuries from the actions of a common defendant. Often, these two types of lawsuits are confused between one another. Mass torts and class actions both aim to decrease the number of court cases with similar facts. Because of this, the two types of proceedings share the following similarities:
Composed of a large group going after the same defendant.
Consolidated into one action rather than multiple lawsuits.
Grouping complaints is often done to cut down the number of cases that come up with the same problem.

What is a class action?
Unlike a mass tort where award amounts differ based on varying injuries, in a class action, plaintiffs all suffer the same injury and thus award amounts are the same. For example, a class action against Red Bull alleged that customers who purchased Red Bull and did not get the concentration and energy boost advertised in their marketing. In the end, any unsatisfied customer received a $10 check or voucher for $15 worth of Red Bull products.

As demonstrated above, class actions typically provide relief to a large number of consumers that were wronged by a corporation and lost a small monetary amount. In these cases, compensation usually isn’t enough to be beneficial for each plaintiff hiring an individual lawyer.

Class actions can arise from a number of reasons including the following:
Injuries from the same defective product
Price fixing
A corporation’s failure to disclose the full spectrum of possible side effects
Consumers that were victims of false advertisement, defective products or manipulative practices

If the attorney believes that there is a class action case, then he or she will draft a complaint. The complaint will describe who may be covered by the lawsuit. The class can either be on a state or a nationwide level.

In order for something to be known as a class action suit, there must be specific characteristics and certain criteria that must be met. The court will certify the case if:
There’s a legal claim against the defendant
A large group of people who have similar damages and side effects from the same product
There is a reasonable plan that the lead plaintiff and attorney draft that represents the class members appropriately.

Once the criteria is met, the attorney may:
Find out how many people may have been injured the same way
Find out if there is a lawsuit that has the same allegation already filed
Determine if the individual still has time to file a claim
Research previous rulings to determine
Determine if the individual may file an independent suit instead of a class action
In a class action, all affected participants will have the chance to accept to be added to the class or find their own representative. As mentioned earlier, the motion must be filed in a court to evaluate the facts of the case and determine whether it can be filed.
The number of people that suffered the same or similar injuries can get together and the value will increase

The Carlson Law Firm is the team you need
The Carlson Law Firm is a national mass torts law firm who believes that one person can make a difference. Your story matters, even if you are the lone voice against a powerful industry such as drug manufacturers. Our experienced team of mass torts attorneys takes clients nationwide.

At the end of the day, mass torts and class actions seek justice from business owners, individuals and companies that might be too powerful for just one individual to fight alone. If you or someone that you know needs help to build a mass tort suit, contact our offices for a free consultation with one of our attorneys. Mass torts may be hard to figure out where to start, but with the help with one of our mass tort experts, we can help alleviate any stress that you may have.