What is The Difference Between Class Action and Mass Tort Lawsuits?

What is The Difference Between Class Action and Mass Tort Lawsuits?

Most people have heard of class action lawsuits, but what is a mass tort lawsuit? While both types of lawsuits involve numerous plaintiffs alleging similar claims against a single entity, there are some key differences worth noting.

The primary difference between the two forms of lawsuits is the plaintiff’s level of control over the case. Let’s take a look at both types of lawsuits.

What Is A Class Action Lawsuit?

Class actions are a type of civil lawsuit brought on the behalf of many individuals who have been harmed in the same way by the same entity, usually a corporation. Because these individuals may not have the resources to individually sue the party responsible party, they are given an opportunity to join a single lawsuit where all individuals are treated as a single plaintiff or “class”. This means, class actions may produce the same outcome for each individual who is involved regardless of the amount of damages they have suffered.

Class action litigators are trial attorneys who usually receive a portion of the total compensation awarded if the lawsuit is successful. However, if the lawsuit fails, the clients are not charged any fees.

Common issues in class action lawsuits include illegal hiring or salary practices, dangerous or defective products (motor vehicles, machinery, prescription drugs, toys or electronics).

What Are Mass Tort Lawsuits?

In mass torts, individuals with various injuries can file individual claims against one or more at-fault parties in civil court. These claims involve similar grievances from people who suffered physical or financial damage due to the negligence of a large company. Unlike class action lawsuits, the court considers mass tort plaintiffs as individuals, and the compensation each plaintiff receives if their case is successful will reflect their own specific damages.

Mass tort attorneys are also generally paid either under a contingency fee, meaning that they will only receive a portion of the total compensation awarded if the lawsuit is successful.

The most common issues in mass tort lawsuits are personal injuries from dangerous drugs, defective medical devices, defective products or mass disasters and toxic conditions (such as a BP oil spill).

Why You Need An Experienced Attorney

Having an attorney on your side can provide many benefits including access to investigatory resources, a network of expert witnesses, and the negotiation and trial experience necessary to advocate for your best interests.

If you or a loved one has been injured by a drug or a medical product it is important to consult a lawyer that concentrates in complex litigation and is experienced in the differences between class action and mass tort lawsuits. The lawyers at Cellino Law have decades of experience with successful recovery of hundreds of millions of dollars for mass tort individuals and their families. If you believe you may have a claim, call the attorneys at Cellino Law today at (888) 888-8888 to learn how we can help.

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Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

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  • This letter is to thank Ms. Diane D’Andrea, assistant to Mr. George Gridelli, Attny for all the hard work, dedication, and attentiveness she showed during the representation of my case. She was always cheerful and ready to help in whatever way she could. All messages left for Mr. Gridelli were always relayed and Mr. Gridelli always promptly returned our calls. She was a very competent assistant. Cellino Law has proven to be a model of what legal representation should be. Throughout the 6 ½ years of this case, I have heard many horror stories from people with “bad lawyer stories.” We consider ourselves to be very lucky to have chosen Cellino Law and will always recommend you to those looking for good, honest representation with a personal touch.

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  • Joe and I just wanted to send you this note thanking you for the professional way you handled our lawsuit. Your kindness was extremely appreciated in a very difficult time. When we found out the people that caused the accident had no insurance, we thought our chances of receiving any settlement was nonexistent. Once we met with you and released you were able to help us our minds were put at ease. Your aggressive manner of handling the case exceeded our expectations. Please feel free to use us as a reference. Thank you so much and best wishes,

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  • I am writing to let you know what an outstanding job George Gridelli did for me in my personal injury lawsuit. His professionalism and expertise were evident at our first metting and he and his paralegal Diane D'Andrea took care of me as if I was a friend and not merely a client. They both went above and beyond for me in so many ways that it would be too numerous to list and I am grateful to have had such an exemplary team represent me. When working with George and watching him in court he personified to me what a lawyer is supposed to be - an honest, extremely compentent man who helped guide me through the legal system. I could not have obtained better representation anywhere else at any price. To me that says a lot abut you and your firm's integrity. Thank you again for representing me and for having such stellar individuals working for you! I will continue to recommend your firm.

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