Figuring out whether your claim should be filed as a mass tort or a class-action lawsuit is vital to ensuring you have the best chance of being compensated for your injuries. Remember, when it comes to a court of law, an “injury” can doesn’t just have to be physical or emotional — it can also be due to a financial loss or even property damage. There are many different ways that an entity like a company can be responsible for damages – whether the damages were willful, neglectful or without intent.
If your injury is similar but not exactly the same as the injuries others have experienced at the hands of the defendant, or the person, company, or corporation who wronged you, your case might be better as a mass tort. This is because when it comes to mass torts, courts look at claims individually rather than collectively, even if the claims are treated as one large lawsuit. An example would be a lawsuit about a drug, which may harm many people, but affect them differently.
Therefore, even though your case will be presented to the court with the cases of multiple other victims, your compensation may be completely different than that of other plaintiffs if the lawsuit is successful.
This is because the compensation would be tailored to your specific damages. The court will determine what you and other plaintiffs deserve for the damages you experienced.
However, if you and many others were wronged and you want to receive justice or compensation no matter how small your injuries, a class action might be the best route.
In class actions, claims are not treated individually. Instead, the court proceedings are conducted with a class representative or a few class representatives.
Therefore, if the lawsuit is successful, whatever compensation the defendant is ordered to provide will be split up without regard to the details of each individual claim.
Oftentimes, the wrongful entities are huge companies or corporations, and you might not have the capacity to sue them in a court of law alone. But, if you instead join together with the hundreds, sometimes even thousands of other victims, together you can take on large corporations with experienced lawyers on your side. So if you think you have a claim, you may want to consider contacting a law firm with experience trying and winning mass torts and class action lawsuits.