No one expects to suffer harm from a defective product, dangerous medication, or corporate negligence. But when this happens — not just to one person but to hundreds or even thousands — it raises a big question: How do people hold these companies accountable?
For those affected, the legal system offers two main avenues: class action vs mass tort. If you’ve ever seen headlines about a massive lawsuit against a pharmaceutical company or a defective product recall, chances are it fell into one of these two categories.
But what sets these legal actions apart, and more importantly, which makes the most sense in different situations? Let’s break it down.
How Do Class Actions Work?
If you’ve ever received a notice in the mail or an email with something like: “You may be eligible for a settlement in the XYZ Data Breach Class Action,” that’s a class action in action.
In a class action lawsuit, a large group of people sue a defendant together because they were harmed in the same way — for example, by overpaying for a faulty product, being hit with hidden fees, or having personal data leaked in a security breach.
Rather than each person handling their own lawsuit, the court treats them as a single “class” represented by a lead plaintiff (also called a class representative).
Here’s how a class action typically unfolds:
- One person starts the lawsuit: The lead plaintiff represents everyone in the class.
- The court decides if it qualifies: Not every lawsuit can be a class action. A judge will review whether the cases are similar enough to be grouped together.
- People get notified: If the case is certified, affected individuals can either stay in or opt out and sue on their own.
- A verdict or settlement happens: If the case wins (or settles), the money is split among the class members.
With class actions, compensation is divided equally or based on a pre-set formula, regardless of how badly each person was affected. Since everyone shares the same outcome, class actions typically work best for cases where individual damages are relatively small.
How Do Mass Torts Work?
A mass tort lawsuit also involves multiple people suing the same defendant, but unlike class actions, each person’s case is treated individually, which allows for more personalized compensation.
The mass tort process generally follows these steps:
- Every person files their own lawsuit: Unlike a class action, no one is lumped into a single claim. You get to tell your own story.
- The cases are grouped: Instead of handling thousands of similar lawsuits separately, courts will combine them in mass tort litigation (or sometimes multidistrict litigation, MDL) to speed things up.
- Evidence is collected for each case: Every person needs to show how they were harmed, which can include medical records, financial losses, and expert testimony.
- Settlements or trials happen: Some cases settle, while others go to trial. The outcomes vary because each person’s damages are different.
Mass torts are more common for personal injury cases, like dangerous drugs, defective medical devices, or toxic exposure. Because each person’s situation is unique, mass torts allow for higher compensation, but they also take longer and require more legal involvement than class actions.
Learn more about the 7 current biggest mass tort cases in the U.S.
What to Do If You’ve Been Harmed
If a defective product, dangerous drug, or corporate negligence has impacted your life, you might be wondering what to do next. Should you wait for a class action? File your own lawsuit? How do you know if your case qualifies for a mass tort?
Ultimately, the right legal path depends on your specific situation. That said, here’s what you can do now to protect your rights.
1. Document everything
Whether you’ve suffered financial losses, medical complications, or other damages, keep records of everything. This includes:
- Medical bills and records (for injury-related claims)
- Receipts or proof of purchase (for defective products)
- Emails, contracts, or notices from the company involved
- Photos, videos, or written accounts of what happened
The more evidence you have, the stronger your case — whether it becomes part of a class action vs mass tort.
2. Be cautious about settlement offers
If a company knows it’s facing a potential lawsuit, it may try to offer a quick settlement before the case gains momentum. These early offers often seem appealing, especially if medical bills or lost wages are piling up, but they’re typically far lower than what your case is actually worth.
Before agreeing to any settlement, speak with an attorney who can assess the long-term impact of your injuries and losses.
3. Talk to a lawyer
Navigating the legal system can be overwhelming, yet the wrong choice could mean settling for far less than you deserve. A lawyer can help:
- Determine if your case qualifies for a class action vs mass tort.
- Estimate potential compensation based on your unique damages.
- Navigate legal deadlines and protect your rights.
At Slater & Zurz, we’ve helped injury victims recover millions of dollars in mass tort settlements, holding corporations accountable for the harm caused by forever chemicals, dangerous birth control, and even ultra-processed foods.
Unlike class actions, mass torts require personalized legal strategies, and at Slater & Zurz fight to make sure our clients get compensation that reflects the full impact of their injuries — not just a one-size-fits-all payout.
Contact us today at 330-762-0700 for a free consultation today.
Written by Rob Horton
Rob, a partner at Slater & Zurz, brings over a decade of experience advocating for the injured. His exceptional negotiation skills have consistently secured favorable outcomes for clients in motor vehicle accidents, dog bite incidents, and slip-and-fall cases.
