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Although many people use the terms “mass tort” and “class action lawsuit” interchangeably, they are two completely different types of injury claims. It is important to understand the type of lawsuit you need to pursue if you hope to get the most out of your claim.
While mass torts involve a group of defendants each pursuing their own claims, class action lawsuits are a single claim with many defendants grouped together. These types of personal injury cases are notoriously complex according to injury lawyers in Lexington. Here is more about the differences between mass tort claims and class action lawsuits and how to tell which type of claim you should file.
A class action lawsuit involves a group of people who have suffered similar accidents or injuries and work together to pursue their claims. The class action is handled by a class representative who makes their case on behalf of the entire group, or “class”, of injury victims and accident survivors. The class needs to be “certified” as described by the Congressional Research Service, meaning the judge has determined that a group of people have suffered similar injuries in similar ways.
Anyone who has experienced something similar will automatically become a member of the class action lawsuit. The only way to stay out of the class action is to “opt out”. Some claimants will opt out of the class action because they do not want to receive a check in the mail worth a few dollars or cents.
Mass tort claims are similar to class action lawsuits except they involve a large group of individuals suffering injuries or damages as a result of a common defendant. In mass tort cases, most injured parties do not live in the same region, so grouping them together in a mass tort makes it possible to secure evidence and move forward with the lawsuit more efficiently.
In mass tort cases, instead of a single settlement being awarded and distributed amongst all the plaintiffs the way it is with class action lawsuits, damages are awarded on a case-by-case basis, depending on the severity of your condition and the circumstances of your case. If you need more information regarding these claims, reach out to a Kentucky mass tort lawyer.
Many different types of lawsuits could fall under the mask or class action category. Some of the most common types of mass torts and class actions include:
Both mass torts and class action lawsuits have statutes of limitations. In either case, your claim must be filed before the deadline expires. The exact amount of time you have to file your claim will vary widely depending on where you live, the type of mass tort or class action, and when you discovered or should have discovered your medical condition or injury as it relates to the defendant’s negligence.
For instance, the statute of limitations for injury claims in Kentucky is typically one year from the accident date according to KY Rev. Stat. Ann. § 413.140(1)(a). If this deadline passes and your claim has not been filed, you could lose the right to pursue your case in court any further.
Understanding whether your case is a mass tort or a class action can be challenging. If you have questions about your claim or need help determining the best course of action, our experienced legal team is here to help.
Contact a Lexington personal injury attorney at the law offices of Gary C. Johnson, P.S.C. today for a free consultation to discuss your case and learn more about your options.