What is the Difference Between a Class Action and a Mass Tort Case?
A lot of people hear the terms “class action” and “mass tort” and think they’re the same thing. They hear so many stories on the news that it can be hard to tell the difference. Plus, they watch a lot of television shows and movies that make it seem as if the two are the same thing. However, there are several differences between these two types of cases. These differences are important because, if you are injured, you need to know what kind of case you should file. Thankfully, if you do have any questions, you can always call and talk to one of our class action lawyers in Birmingham, AL.
While there are several differences between class actions and mass tort cases, there are a few similarities. For example, both types of cases involve a large group of plaintiffs. Typically, there tend to be more plaintiffs in a class action than in a mass tort case. This is because mass torts are filed based on the plaintiffs living in the same geographic area. That is not the case with class actions. With class action cases, the plaintiffs can be all over the country.
The other thing that these types of cases have in common is that they are going after the same defendant or group of defendants. For example, if there is a mass tort case filed against the manufacturers of a drug like Zantac, all the plaintiffs are pursuing the same company. And, with both class actions and mass tort cases, the plaintiffs have the same general complaints. This means that the plaintiffs were all injured in the same way but with a mass tort case, the types of injuries may vary. Here, we’ll talk about the major differences between the two types of cases. If you’ve been hurt by a defective product or drug, you may need to file this sort of action. That is when it’s time to call and talk to one of our experienced injury attorneys in Alabama.
Major Differences Between Mass Tort and Class Action Lawsuits in Alabama
The reason a plaintiff would be involved in either of these types of cases is that there are a lot of plaintiffs suing for the same thing. For example, there have been hundreds of people who have developed bladder, liver, or stomach cancer after taking the drug Zantac. As a result, they have gotten together and filed a class-action lawsuit against the manufacturer – Sanofi. There are too many plaintiffs to have them each file their own individual suit. It makes more sense for the court to handle the cases all at once. This is especially true since the defendant is the same and the plaintiffs are all claiming they were injured in a similar fashion (cancer).
Here are some of the differences between a mass tort case and a class-action lawsuit:
In class-action lawsuits, there is one person, called the “class representative” who represents the entire class. In a mass tort, each plaintiff is treated differently.
In a mass tort, each plaintiff has to prove liability and damages. In a class-action lawsuit, the class representative is the only person who must prove these things.
Mass tort cases involve plaintiffs from one geographic area. With class actions, the plaintiffs can be from all over the country.
Contact an Experienced Personal Injury Lawyer in Birmingham, Alabama Right Away
If or your loved one is injured by any defective drug or other product, you may need to take part in a mass tort case or class action lawsuit. If there are a lot of other plaintiffs in the same boat as you, the courts may join them all together. If this happens, instead of filing your own individual personal injury lawsuit, you’ll take part in a mass tort or class action. Either way, you’ll need to talk to a skilled Alabama personal injury lawyer.
Call today and schedule your free initial consultation. It’s important that you have a skilled injury attorney by your side. The defendant will have an entire team of lawyers working hard to prove they aren’t liable. You need to have someone standing by your side as well. You can come in and sit down with an experienced lawyer who can answer any questions you may have. And, if you aren’t able to come into our office, we can either come to you or schedule a phone interview. The initial consultation is free and you won’t have to pay anything until your case is resolved.