If a large number of people get injured by the same hazard or product, they can combine their legal claims into one collective action known as a mass action lawsuit, or mass tort. This is common with defective product claims, environmental torts and wildfire cases—such as the legal actions our Eaton Fire lawyers are handling in response to the devastating LA fires. Mass tort litigation can be complex and challenging. These cases typically require assistance from an experienced mass tort attorney.
What Is a Mass Tort?
A mass action lawsuit is a type of civil case that involves a large group of individuals or plaintiffs bringing a claim against a shared defendant, rather than only one plaintiff going up against the defendant at a time. Most often, mass actions involve multiple plaintiffs from the same geographic area or people who were impacted by the same event, such as a single California wildfire. Mass torts can involve one or multiple defendants. They may be filed in the state or federal courts, depending on the circumstances. The plaintiffs do not have to share the same injuries or damages; they can individually claim financial compensation from the defendant(s) for the harm each suffered. Like a standard personal injury claim, a mass action lawsuit must be proven using clear and convincing evidence. The attorney or representative acting on behalf of all plaintiffs must prove the legal grounds for the case, which may be negligence, strict liability or another legal doctrine. A successful case could result in financial compensation being paid to all eligible plaintiffs.
What’s the Difference Between a Mass Action and a Class Action?
Another type of shared lawsuit that involves numerous plaintiffs against the same defendant is a class action. There are key differences between the two. The main distinction is that in a mass tort, each plaintiff remains an individual party, with all of the rights that come with this. In a class action, all participating plaintiffs are subject to the decisions made by one or a few individuals who represent the class. In a mass action lawsuit, each plaintiff will retain control over how his or her individual case progresses. Each member has the right to hire his or her own attorney, refuse an insurance settlement if one is offered, and take the case to court, if desired. In a class action lawsuit, on the other hand, the “class” of members are collectively treated as one plaintiff. Mass tort cases typically begin as multiple individual lawsuits that later become joined in the interest of streamlining the litigation process and making the judicial system more efficient. Class actions, on the other hand, tend to be initiated as a shared lawsuit involving multiple plaintiffs from the beginning.
How Mass Action Lawsuits Work in California
Most plaintiffs do not start out with the intention of creating or joining a mass action lawsuit. Instead, they begin by consulting an attorney about their individual case. If the attorney knows of or is simultaneously handling other cases against the same defendant for the same incident, such as a recent wildfire that impacted the area, the attorney may recommend moving into a mass tort for a more efficient legal process. If you are interested in taking legal action in the form of a mass tort or class action lawsuit for a recent California wildfire or for any other reason, discuss your rights with an attorney at Bridgford, Gleason & Artinian. We offer free initial consultations at local law offices throughout California. Request yours today.