What Is the Difference Between Class Actions and Mass Torts?

When a company’s negligence harms a large number of people, whether through a dangerous drug, defective product, environmental disaster, or fraudulent business practice, those victims often come together to pursue justice. 

But not all group lawsuits are created equal. While class actions and mass torts may seem similar, they operate very differently in the legal system.

Knowing the difference between these two legal tools is important if you’ve been injured, defrauded, or otherwise wronged by a large corporation. 

At Morgan & Morgan, we’ve seen far too many personal injury victims handle their claims incorrectly and without the aid of an experienced personal injury lawyer. Below, we make sure you know how class actions and mass torts differ, how they work, and when one may be more appropriate than the other. And if you’re ready to speak to our compassionate legal team, contact us anytime for a free case evaluation to learn more about your specific case.

Fight Back Against Corporate Wrongdoing

In America’s civil justice system, individual lawsuits are the standard way to resolve disputes. But what happens when hundreds or thousands of people suffer similar harm?

Filing individual lawsuits can be expensive, time-consuming, and inefficient. That’s where group litigation tools like class action lawsuits and mass torts come in. These legal mechanisms are designed to help large groups of plaintiffs pursue compensation more efficiently, without sacrificing fairness.

Although they share a similar purpose, the structure and legal procedures of class actions and mass torts differ significantly.

What Is a Class Action Lawsuit?

A class action lawsuit is a legal case where one or several individuals file a lawsuit on behalf of a larger group of people, called the “class,” who have all been harmed in the same or similar way by the same defendant.

Suppose a bank overcharges customers with illegal fees. Rather than every affected customer filing their own lawsuit, a few may file a class action that represents all the wronged customers nationwide.

Here’s the key characteristics of a class action lawsuit:

• One trial, one judgment: All class members are represented by the lead plaintiff(s), and the court’s decision applies to everyone in the class.
• Class certification: The court must approve the class by determining that the claims are similar enough to proceed together.
• Uniform damages: Typically, each class member receives a similar amount in damages, depending on the settlement or verdict.
   

Class action lawsuits are considered efficient for cases involving small individual damages (e.g., a few hundred dollars each) and can also reduce legal costs by consolidating litigation. These lawsuits can also give everyday people the ability to hold powerful corporations accountable through strength in numbers.

What Is a Mass Tort?

A mass tort is another type of group litigation, but unlike class actions, each plaintiff is treated as an individual case. Plaintiffs have their own lawyers and must prove their damages individually, even though the cases are grouped together for certain aspects like discovery.

If a pharmaceutical company releases a drug that causes severe side effects, each injured person may have a different experience—some may have minor symptoms, others life-threatening complications. These differences make a class action impractical, but a mass tort MDL allows their cases to move forward together for efficiency.

Key characteristics of a mass tort include:

• Individual cases: Each plaintiff maintains their own claim and may receive different compensation based on their unique injuries.
• Common defendant and issue: The lawsuits involve a common defendant and a shared allegation, like a defective product or drug.
• Multidistrict litigation (MDL): Mass torts are often organized into MDLs, where federal courts combine similar cases for pre-trial proceedings.

Generally, mass torts allow for individualized compensation, and plaintiffs retain more control over their legal strategy. Mass torts can be more appropriate for cases involving serious physical injury or death.

 

Core Differences Between Class Actions and Mass Torts

While class actions and mass torts are both designed to help large groups of people seek justice against a common defendant, they differ significantly in structure and legal process.

One of the most important distinctions is how plaintiffs are treated. In a class action, a few lead plaintiffs file the lawsuit and represent the interests of the entire group. Everyone in the class is treated as one collective party, and the outcome, whether a settlement or trial verdict, applies equally to all members. In contrast, mass torts involve multiple individual lawsuits that are grouped together for efficiency during pre-trial proceedings, such as evidence gathering or motions. However, each plaintiff in a mass tort maintains a separate case and must prove their own damages.

The way damages are awarded also differs. In a class action, compensation is usually uniform or distributed based on a formula approved by the court. This makes class actions more practical for cases involving smaller, more consistent financial losses. Mass torts, however, account for the fact that each person’s injuries or losses may vary widely. Because of this, compensation in a mass tort is evaluated on a case-by-case basis, allowing for more individualized outcomes.

Another key difference lies in how the court handles these cases. Class actions require class certification, which means a judge must determine that the plaintiffs’ claims are sufficiently similar to be tried together. Mass torts do not require certification, but are often consolidated into what’s called multidistrict litigation (MDL) for pre-trial efficiency. After that, cases may be sent back to local courts for individual trials.

Overall, class actions are more suitable for legal issues involving uniform harm, such as overcharges, privacy violations, or defective products that didn’t cause physical injury. Mass torts, on the other hand, are typically used when plaintiffs have suffered different degrees of harm from the same product or event, such as dangerous drugs, defective medical devices, or toxic exposures.

When Is a Class Action Lawsuit Best?

Class actions are ideal when:

• Large numbers of people suffer nearly identical harm.
• The amount of compensation per person is relatively small.
• Proving individual damages is unnecessary or impractical.
• The defendant’s wrongdoing is consistent across all cases.
  
   

This can be due to several common scenarios, including:

• Consumer fraud (e.g., false advertising, unfair billing)
• Data breaches and privacy violations
• Employment violations, such as wage theft or misclassification
• Product defects where damages are primarily economic
  
   

When Do Mass Torts Make More Sense?

Mass torts are better suited for:

• Cases involving physical injuries or wrongful death
• Plaintiffs suffering from varying levels of harm
• Scenarios where plaintiffs used the same product or drug, but the outcomes differed
  
   

Common mass tort scenarios can include:

• Defective medical devices (e.g., hip implants, hernia mesh)
• Dangerous drugs (e.g., Zantac, Ozempic, Talcum powder)
• Toxic exposure (e.g., water contamination, industrial chemicals)
• Environmental disasters (e.g., wildfires, oil spills)
  
   

Recent Examples of Mass Torts and Class Action Lawsuits

Let’s take a look at some major legal battles in recent years to illustrate the difference between class actions and mass torts:

Camp Lejeune Water Contamination – Mass Tort

Thousands of military personnel and their families were exposed to toxic chemicals in the water at Camp Lejeune in North Carolina. Due to the wide variation in injuries (from cancer to birth defects), these claims are proceeding as a mass tort, allowing each plaintiff to present individual damages.

Facebook Biometric Privacy Settlement – Class Action

In 2020, Facebook agreed to a $650 million class action settlement over violations of Illinois’ biometric privacy law. Users who had their facial data collected without consent received around $345 each. A class action was appropriate here because the legal violation and the harm was similar for everyone.

Talcum Powder Litigation – Mass Tort

Thousands of women filed lawsuits claiming Johnson & Johnson’s baby powder caused ovarian cancer due to asbestos contamination. These cases vary in medical history, age, and severity, making this a mass tort instead of a class action.

Equifax Data Breach – Class Action

After Equifax exposed the sensitive personal information of 147 million people, a class action lawsuit resulted in a $700 million settlement. Class actions are typical for data breaches because the exposure, not the downstream identity theft, is the basis for the claim.

Can I Join Both a Class Action and a Mass Tort?

Not for the same issue. If you’re eligible for a class action, joining it may waive your right to file an individual claim. In some cases, opting out of the class action may allow you to pursue a separate lawsuit.

Do I Need to Do Anything to Join a Class Action?

If you’re part of a certified class, you’re often automatically included unless you opt out. You’ll be notified by mail or email, or through public notices.

How Much Money Can I Get From Each?

Class actions usually involve lower, fixed payouts, especially for minor economic damages. Mass torts, on the other hand, can result in larger individual settlements or verdicts, especially for serious injuries.

 

Have a Claim but Are Unsure of Your Next Steps? Morgan & Morgan Can Help—for Free

Choosing between a class action and a mass tort depends on your situation. If your harm is minor and uniform, a class action can be an efficient path to justice. But if your injuries are severe, unique, or medical, a mass tort may be the only way to pursue full compensation.

In either case, you don’t have to navigate this alone.

At Morgan & Morgan, we fight For the People, not the powerful corporations that harm them. Whether you’re one of thousands who suffered minor losses or one of many who suffered a life-altering injury, we can help you navigate class actions, mass torts, or individual lawsuits.

If you believe you’ve been harmed by a defective product, dangerous drug, fraudulent business, or environmental hazard, you may have legal options. Our attorneys can evaluate your case and help you determine whether a class action, mass tort, or individual lawsuit is right for you.

There’s no cost to speak with us, and you pay nothing unless we win your case.

Contact Morgan & Morgan today for a free, no-obligation case evaluation.