Class Action Versus Mass Tort Lawsuits
All the legal jargon about mass tort claims and class action lawsuits can make them sound the same. This could not be farther from the truth. Class action lawsuits come with different benefits compared to mass tort claims. Some lawsuits do not offer the same opportunities as others. Knowing the key differences is vital for helping you choose the best option for you. You can also talk to a Delaware mass tort lawyer if you have any questions.
WHAT IS A CLASS ACTION LAWSUIT?
A class-action lawsuit is a lawsuit that is filed when multiple lawsuits are combined into one lawsuit. This one large lawsuit is filled by a single plaintiff sometimes called a class representative who represents everyone who is suing the same defendant.
The defendant is usually a negligent company, corporation, or institute. Common examples of these include nursing homes with high rates of abuse, hospitals with consistent patterns of malpractice, and companies with defective products that have harmed dozens of customers. Some of the main benefits of filing a class-action lawsuit include:
- Making litigation more economic
- Encouraging socially desirable lawsuits
- Simplifying the overall process of defending the lawsuit
Compared to mass tort claims that involve a variety of different but similar lawsuits, class action lawsuits are often less complex. The reason is that class action lawsuits combine shared interests into one lawsuit rather than separate claims. Despite these benefits, there are some negatives associated with class action claims.
Your class representative may always not defend your best interests because everyone’s interests are combined into one claim. This is actually one of the rules of filing a class-action lawsuit. The plaintiff must show that if all parties filed separate lawsuits, the case would be impossible to push through court.
SHOULD I FILE A MASS TORT OR CLASS ACTION LAWSUIT?
Unlike class-action lawsuits, mass tort claims involve a variety of injuries and reasons for filing the lawsuit. The key similarity is the negligent third party who caused their injuries and other damages. Many of the differences that prevent mass tort claims from becoming class action lawsuits include differences in:
- Medical histories
- Levels of exposure if the damages were caused by hazardous chemicals
- Severity of injuries
- Types of damages suffered
Mass tort claims most often involve harmful medications, defective products, and hazardous chemical exposure due to negligence. The benefits of filing a mass tort claim include:
- Your interests are more likely to be met
- You have more flexibility in your case
- You could receive more compensation
- Less legal fees
Deciding whether a mass tort claim or class action lawsuit is best for you can be difficult. Consider contacting a Delaware mass tort lawyer for help.
MASS TORT ATTORNEY IN DELAWARE
You may not have to settle for less if you suffered damages from a major company. Consider reaching out to a Delaware personal injury lawyer if you were injured by the negligence of a company. You can call Edelstein Martin & Nelson at (302) 295-5050 for a free consultation today. Our team of lawyers can help you obtain compensation for your medical bills, pain and suffering, and lost wages.