When individuals suffer harm due to negligence, defective products, or unsafe conditions, legal action can take different forms. Depending on how many people are affected and the nature of their injuries, litigation may proceed as a single event, a class action, or a mass tort.

Each type of litigation has distinct characteristics, processes, and implications for the plaintiffs involved. This blog outlines the key differences, with examples to help clarify how each works.

Understanding Single Event Lawsuits

In a single event or individual lawsuit, one individual sues another party or parties. For law firms, one of the greatest benefits of a single event lawsuit is the potential for a higher per-case payout compared to grouped claims. Since the case stands on its own, outcomes, such as compensation, are based entirely on the individual’s claim. Firms also have full control over the case strategy, timeline, and settlement negotiations. 

These cases are common in personal injury law, such as when a person suffers a traumatic injury in a motorcycle accident caused by a negligent driver. 

Understanding Class Action Lawsuits

A class action lawsuit involves a group of people with similar claims against the same defendant. Under Rule 23 of the Federal Rules of Civil Procedure, certain conditions must be met for a class action to proceed:

• The class is large enough that individual lawsuits are impractical.
• Legal and factual issues are common across the class.
• The claims of the class representative are typical of the class.
• The class representative can fairly and adequately represent the interests of the class.

One of the main benefits of a class action lawsuit is streamlining the legal process for large groups, which can make it a more cost-effective option for individuals with low-value claims. However, individual plaintiffs have minimal input into the litigation, and the settlement terms apply to all members of the lawsuit unless they opt out. For attorneys, consolidating these claims can reduce the volume of cases within the court system, thus streamlining the legal process so as not to bog down the courts.

Typical types of class action lawsuits involve consumer production, data breaches, and deceptive business practices. For example, consumers sue a major retailer for systematically overcharging sales tax on purchases. Instead of filing thousands of individual lawsuits, one case proceeds on behalf of all affected consumers. 

Understanding Mass Tort Lawsuits

A mass tort lawsuit involves multiple plaintiffs against one or more corporate defendants. They are similar to class actions because they involve a large number of plaintiffs. However, with mass torts, each case is assessed and settled based on the specific injuries and damages experienced by each plaintiff. Plaintiffs that have more severe injuries or greater financial losses may potentially receive greater payouts.

Furthermore, in a mass tort lawsuit, each plaintiff retains control over their claim and can present evidence specific to their injuries and circumstances, unlike in a class action lawsuit. Plaintiffs can accept or reject settlement offers independently. For example, hundreds of plaintiffs file lawsuits after suffering harmful effects from the same prescription drug. While the product is the common factor, each person’s medical history, treatment, and injuries are unique. These cases are grouped for efficiency but evaluated individually. 

Mass torts should not be confused with Multidistrict Litigation (MDL), although they are related. An MDL refers to the legal procedural mechanism that transfers and streamlines mass tort cases from different federal courts into a single MDL court for pre-trial proceedings. This centralizes common discovery and ensures consistent rulings. If an MDL is dismissed during pretrial proceedings or not resolved through settlement, the individual cases may be returned to their original federal courts for trial.

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