What is the difference between a class action and a mass tort?
Class action lawsuits and mass tort lawsuits are similar in that they both involve multiple people affected by the same action, but there are some distinct differences. Class action lawsuits are generally filed when a group of people who have very similar claims against a single entity have been affected. These claims typically involve a breach of contract or negligence. The person filing the suit is called the “class representative” and represents the interests of the entire class or group suing. The class action lawsuit is designed to resolve the claims of the many people at once. Mass torts, on the other hand, refer to multiple claims that arise from the same injury or harm to people, but the individual claims are usually different. For example, if a drug caused physical harm to a group of people, a mass tort suit would be the appropriate type of lawsuit to pursue. In a mass tort, each victim has their own case and is likely to have different damages than the others. In Washington, cases of either type are often taken on by an experienced class action or mass tort lawyer who can assess the individual claims and determine what type of lawsuit is best. It is also common in Washington for individual cases to be consolidated into a single lawsuit. This allows the multiple claimants to benefit from the efficiency of a single lawsuit.
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