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There’s plenty of confusion out there about the difference between a mass tort and a class action: they’re both civil lawsuits representing multiple/ mass people harmed by the same cause + they both fight for justice against the offending corporate power responsible for harming you.
Why do people think they’ll only get $5 for coming forward? When a lot of us hear the phrase “class action lawsuit,” we immediately picture those little checks from a settlement we barely remember, like $3.41 for a data breach or $5 for a recalled shampoo.
Yet – not all mass lawsuits (read: involving a large number of people) are class actions like this. “Mass torts,” what we do, don’t work that way: in these cases, not all outcomes are sliced equally like in class actions.
Yep, mass torts and class actions have their similarities: they’re both designed to help multiple people harmed by the same or similar wrong (mass tort), who are seeking justice in a civil court of law against the wrongdoing + those in charge. The difference is how the injured – you – are treated in a successful outcome.
What Is a Class Action?
A class action lawsuit is when a body of more than one person was harmed in a similar way and takes legal action as one indivisable unit to seek justice. The class is typically represented by a few proactive standard bearers representing the whole class as one. Every plaintiff understands going in that any resulting financial compensation will be divided exactly among the total of injured, like, equal slices from a large pie. Ex: a recall for a shampoo, sunscreen, or other product.
Nutshell: in a class action, a settlement is generally negotiated, then equally distributed to all members of the class, regardless of individual circumstances, such as severity of impact. Also, class actions tend to have less far-reaching influence because their outcomes offer less compensation and less control.
What Is a Mass Tort?
In a mass tort, your outcome is not copy-and-paste. Mass tort is the type of case most women in our orbit are part of. Although some pretrial “housekeeping” procedures – like common evidence gathering (discovery) – may be combined to speed up the process, successful outcomes are tailored to each plaintiff. You.
Mass torts have a more far-reaching impact because plaintiffs (you) have more control and typically receive more significant financial compensation. These cases track more widespread media coverage too, partly because they detail individual survivor stories, which adds a very human element + helps spread the word to other harmed individuals who didn’t know they could fight.
So, Which One Is My Case?
Most of the cases A Case for Women is involved in are mass torts, meaning your voice + your story matter on their individual merit. Your case is about what happened to you, your specific experience, distinct medical needs, emotional healing, and path forward.
If you’re unsure which kind of lawsuit you’re part of, that’s completely normal; legal terms can feel intentionally confusing (though they’re really not). We will walk with you through what this means.
A Case for Women Can Help You Take Meaningful Legal Action.
This work is about courage, and we honor that courage. When women come forward, massive + powerful systems shift under public pressure leveraged by court rulings. We’ve worked on sexual abuse cases against doctors and institutions, and so many other cases where women have come forward and reclaimed their power. Lots of times, it’s just one woman who comes forward first, all by herself, to say she’s been hurt and needs help seeking justice – that can trigger a domino cascade.
We empower women. It’s all we’re about and the only reason we’re here. Bring us your story and we’ll know how to guide you through first steps, including matching you with a firm that accepts cases on contingency.
Contact us, 24/7/365.
