Even though the practice area of law is called personal injury, there are times when groups are represented at the same time. Two categories of legalese cover these situations: mass tort and class action. Like many legal terms, the distinctions between these two can be difficult to grasp but they serve different purposes.
To best answer the questions, “What is a class actions lawsuit?” and “What is a Mass Tort?” Clear Counsel Law Group presents a hypothetical example case.
The Scenario: Water Contamination
Imagine a situation where a water company, supervised by a city engineer, knowingly or unknowingly, causes water contamination that affects numerous people. This situation results in legal action. Now, how that action is pursued depends on the nature of the harm caused to the people involved.
Class Actions
In such cases, personal injury attorneys would consider forming a class action lawsuit. This form of legal action is suitable when multiple people (referred to as the class) have suffered similar harm or damages attributable to the same cause. In a class action, typically one or more individuals represent the entire group (class) in court. Having limited bodies directing the class keeps the process streamlined. The key here is the unity or similarity of damages across all injured parties.
These damages can be physical, monetary, or quality of life in nature. For example, if the water company doesn’t take care of its pipes and there are massive leaks leading to overcharging all its customers five dollars per month on their subscriptions, this could lead to a class action lawsuit. Everyone in the class has suffered the same financial loss, making it a unified claim.
Confronting a larger entity over numerous small amounts of damages is the most common use of class actions. It is economically undesirable for a single person to pay the legal fees to fight the company over five dollars. But if a million people are out that same five dollars, it is easier to combine them, pay one set of legal fees, and get something out of the company to compensate the whole group.
Mass Torts
A mass tort differs from a class action in that the damages or harm experienced by the individuals are dissimilar. In a mass tort, each plaintiff, or person affected, is considered individually. While the cause of the harm is the same, the extent or type of harm can vary greatly from person to person.
Returning to the hypothetical, the water leak leaches some contamination from the surrounding soil and creates a health problem for the citizens. Some citizens suffer minor skin irritations while others develop serious cancers. This situation would be more suited for a mass tort since each person’s harm and claim for compensation would be unique.
The benefit for the citizens remains the same, rather than one person paying legal fees to fight for their minor skin irritation, the whole group goes through a single trial to establish that the water company is responsible (at fault) for the damages. Once that is established, each individual can seek compensation for their specific damages.
Why Choose a Mass Tort or a Class Action?
The choice between a mass tort and a class action often comes down to the nature of the damages. Mass torts allow for individual assessment of each case, which is crucial when the effects of the wrongdoing vary significantly. On the other hand, class actions are more streamlined and efficient when the damages are uniform across the group.
If you find yourself in a situation where you’ve been wronged alongside others, you can reach out individually or together to make a claim. Knowing that your case can fit either a class action or a mass tort can significantly impact the legal strategy and potential outcome. If you’re injured and suspect others are being harmed as well, call Clear Counsel Law Group for clarity and guidance on the best course of action.