There are numerous instances when multiple people have the same or similar complaints against a defendant. For example, you might have suffered injuries in a bus accident that resulted in injuries to others as well. Alternatively, you might be a part of a large group that has suffered owing to a faulty medical device. Depending on the intricacies of a case, lawsuits with multiple plaintiffs can take one of two forms. These include class action lawsuits and mass torts.
Factors That Affect Lawsuits with Multiple Plaintiffs
When personal injury lawsuits involve multiple plaintiffs, it is possible that each victim has suffered differently, with varying severity of injuries. This is why lawsuits with multiple plaintiffs can be tricky, requiring that you pay attention to different factors.
- Varied damages. Given the possibility that different plaintiffs involved in a case might have suffered from diverse injuries, determining their damages requires a meticulous assessment of their injuries as well as their short- and long-term impact. In addition, it is upon the lawyers representing the plaintiffs to prove the harm and damages to each plaintiff.
- Combining cases. In some instances, courts decide to consolidate multiple individual personal injury cases to make the proceeding more efficient. While this can help save time, it also helps minimize the use of redundant processes.
- Communication. One key factor that plays a role in lawsuits with multiple plaintiffs is communication, especially when multiple lawyers represent their cases. In such a scenario, it is crucial for all parties to remain on the same page throughout the trial, be it during the investigation stage or at the negotiation table.
- Assigning damages. Assigning damages to multiple plaintiffs can be complicated when they suffer varying injuries and losses. Matters can become even more complex if a defendant has limited liability insurance.
- Class action suit or mass tort. After accounting for different factors, personal injury lawyers who handle lawsuits with multiple plaintiffs need to determine whether the best way forward is to file a class action lawsuit or a mass tort.
Class Action Lawsuit vs. Mass Tort
It is common for victims involved in cases with multiple plaintiffs to ask questions like, “What is meant by mass tort?” and “What is the difference between mass tort and class action?” While there are key differences between the two, they share a few similarities too. The common aspects include:
- Multiple plaintiffs are filing a lawsuit against the same defendant/s.
- Combining their cases is more efficient than filing individual lawsuits.
- The harm the plaintiffs have suffered is similar or the same.
- Courts need to find the grouping of these cases valid.
The differences between mass tort and class action lawsuits include:
- Legal representation. Courts regard plaintiffs in class action suits as single entities, whereas plaintiffs in mass torts have their own lawsuits.
- How rulings apply. Class action suits have more uniform claims because the ruling applies to all the plaintiffs, whereas mass torts come with individual rulings based on each plaintiff’s injuries and damages.
- Distribution of settlements. Settlement distribution is straightforward in class action suits, with each plaintiff receiving the same share, whereas plaintiffs in mass torts negotiate their own settlement amounts based on their specific injuries and damages.
- Individual control. Plaintiffs in mass torts fight their own lawsuits, which gives them considerable control over the process. However, class action suits and typically larger than mass torts where each plaintiff is a part of a large group represented by a team of lawyers, so the control they have over the process is lesser than in mass torts.
Class Action Lawsuit Examples
- Plaintiffs who claim workplace discrimination.
- Victims of medical malpractice.
- Cases that involve pharmaceutical fraud.
Examples of Mass Tort Cases
- Multiple plaintiffs injured in an automobile accident.
- Victims injured by defective medical devices.
- Multiple plaintiffs injured because of a faulty car part.
- Victims of a natural disaster.
- Large-scale exposure to toxic chemicals.
Conclusion
Both class action lawsuits and mass torts come with their share of pros and cons. For example, while class action suits are typically more affordable and efficient, it is likely that a court will not hear the individual details of each plaintiff’s damages because they are part of a larger group. On the other hand, while a mass tort can be long-drawn and typically takes more resources and work, you get to present all the details specific to your case and the compensation you receive depends on your damages.
Now that you know how lawsuits with multiple plaintiffs work, consider seeking advice from an experienced personal injury lawyer to determine if a class action lawsuit or a mass tort might work better for you. This is because you need to account for different legalities before making a decision.