Personal Injury Law Center

Class Actions

Class Action Attorney

When a large group of people is injured in the same accident or as a result of a defendant’s negligence or intentional misconduct, the legal claims may be pursued as a class action lawsuit or a mass tort case. Class action lawsuits and mass tort cases both involve a large group of injured parties with a common defendant, but there are a few subtle differences between the two legal proceedings.

A class action lawsuit is a lawsuit brought by a group of people who have suffered similar injuries and damages as a result of the defendant’s conduct. Class actions require that the representative obtain class certification by the court in order to pursue the claim.

Mass tort cases are similar to class action lawsuits in that a large group of individuals suffered injuries, but in mass tort litigation, a mass tort attorney (or attorneys) will be allowed to represent several injured parties in individual cases, rather than one consolidated case with a class representative. Unlike a class action lawsuit, where the members of the class forfeit their individual claims, plaintiffs in mass tort litigation retain their individual claims.

Both class action lawsuits and mass tort cases are incredibly complicated – with specific legal requirements and voluminous factual records – so it is important to consult with an experienced mass tort attorney as soon as possible.

 

Class Action Lawsuits

In order for a group of injured parties to bring a class action lawsuit, the plaintiffs must demonstrate that the case is appropriate as a class action rather than individual lawsuits. To do so, the plaintiff must obtain class certification by proving the following:

• The class of injured parties is so large that individual lawsuits are impractical.
• There are common legal or factual claims among all members of the class.
• The claims or defenses are typical of the plaintiffs or defendants.
• The representative parties will adequately protect the interests of the class.

In many cases, plaintiffs seeking class certification must also show that common issues, rather than individual fact-specific disputes, will dominate the litigation and that a class action, rather than individual litigation, is a better method for resolving the disputes at hand.

If the court does not certify the class, but a large number of individuals suffered similar injuries as a result of the defendant’s conduct, mass tort litigation may be appropriate.

 

Common Mass Tort Cases and Class Action Lawsuits

Because mass tort litigation and class actions involve several injured parties who were injured in the same accident or for the same reason, these cases often involve product liability claims, aviation accidents, and environmental torts. The following are some of the more common types of class action lawsuits and mass tort litigation:

• Auto Defects. Because auto defects – such as stability problems, rollovers, unintended acceleration, defective tires, and airbag defects – often involve a large number of cars, auto defect lawsuits are often pursued as a class action lawsuit.
• Defective Medical Devices. Some examples of defective medical device mass tort litigation in recent years include transvaginal mesh lawsuits and hip replacement class action lawsuits.
• Unsafe Pharmaceuticals. Prescription drugs and over-the-counter medications are designed to improve health and medical conditions, but if a product is dangerous or does not include the appropriate warning labels, patients can suffer serious side effects. Some examples of unsafe pharmaceutical mass tort cases include testosterone class actions, Lexapro litigation, and Cymbalta investigations.
• Defective Products. If a consumer product is determined to be dangerous or defective, the manufacturer may settle all claims in mass tort litigation.
• Baby and Children’s Products. Toys and other baby/children products – such as cribs, car seats, and highchairs – can cause serious injury or death if the product is dangerous, defective, or does not include appropriate warning labels.
• Aviation Accidents. Depending on the size of the aircraft, a commercial airline accident can involve a large number of injured parties. In these cases, the passengers and surviving family members may choose to pursue their claims against the airline as a class action lawsuit or as a mass tort case since all of the lawsuits involve the same defendant and cause of action.
• Consumer Protection Violations. When consumer protection laws are violated, large groups of people can suffer damages. Consumer protection lawsuits are often pursed as class actions in order to allow plaintiffs to share the costs of litigation.
• Employment Claims. If an employer engages in widespread discrimination or wage violations, the affected employees may choose to pursue their legal claims as a mass tort case in order to consolidate the discovery process and share the costs of litigation.
• Environmental Hazards. Environmental hazards typically result in widespread injuries, making them appropriate for mass tort litigation. An example of an environmental mass tort includes asbestos class action suits.

 

What Are the Benefits of a Class Action Lawsuit?

There are a number of benefits to a class action lawsuit or mass tort litigation, including:

• Efficiency. Because the injured parties’ cases involve many similar legal and factual issues, a mass tort case or class action lawsuit will allow the judge to decide basic issues of fact and law with respect to the entire group.
• Cost savings. A class action lawsuit allows a group of similarly situated plaintiffs to consolidate their claims and share the expense and burden of pursuing a legal claim.
• Recovery for all plaintiffs. If the plaintiff is successful, all members of the class will receive some financial recovery.

 

How to Pursue a Class Action Lawsuit

A class action lawsuit begins when the complaint is filed by the representative for the group of plaintiffs. The plaintiff class must first seek class certification in order for the case to proceed. In order for class certification to be granted, the class representative must show the following:

• The class of injured parties is so large that individual lawsuits are impractical.
• There are common legal or factual claims among all members of the class.
• The claims or defenses are typical of the plaintiffs or defendants.
• The representative parties will adequately protect the interests of the class.

If class certification is granted, all members of the class must be notified of the lawsuit and be given the opportunity to opt out. If an individual does not opt out of the class, he or she will be subject to the outcome of the class action lawsuit and cannot bring an individual lawsuit. If, however, an individual opts out of the class action lawsuit, he or she preserves the right to bring an individual claim against the defendant.

A class action lawsuit then proceeds through the legal process with the various legal requirements dependent on the specific claims asserted. For instance, in some class actions the plaintiff will need to prove that the defendant was negligent; in other cases, the plaintiff will need to prove strict liability.

After a class action lawsuit is filed, the defendant will have the opportunity to dispute the facts of the case, and may also attempt to refute the plaintiff’s claim of liability through various defenses.

 

Class Action Money Damages

If the plaintiff class is successful in its class action lawsuit, the court will determine the appropriate amount of damages. The decision will apply to all members of the class. Payment of class action damages typically follows a plan of distribution, whereby the proceeds of the judgment or settlement are distributed to the members of the class. In most mass tort cases, each member of the class will be allocated a percentage of the total damage award or a specific dollar amount. In some rare cases, however, the class action lawyers will seek permission to apply an individual review of each class member’s claim to determine the value of each individual claim.

Class action lawsuits and mass tort cases can include compensatory damages and punitive damages. Compensatory damages are amounts of money awarded to the plaintiffs for damages like medical expenses, lost wages, financial damages, and pain and suffering. Conversely, punitive damages are awarded to the plaintiffs to punish the defendant and deter future wrongdoing.

 

Contact a Mass Tort Lawyer

Because there are strict time limitations on when an injured party can file a class action lawsuit or mass tort case, it is important to consult with a mass tort lawyer as soon as possible. The applicable statute of limitations varies from state to state and based on the specific legal claim. A mass tort attorney will be able to determine the applicable statute of limitations and help you file your claim in a timely manner. It is also important to contact a mass tort lawyer promptly after an accident or injury in order to preserve the necessary evidence to support your class action lawsuit or mass tort case.