When many people suffer harm from the same product, accident, or event, they often look to take legal action together. In Nevada, this can sometimes lead to a mass tort case or a class action lawsuit. While these two types of cases may seem similar, they have important differences that affect how claims are handled and how compensation is awarded.
If you are considering legal action after being harmed by a dangerous product, defective drug, or other widespread issue, understanding the difference between a mass tort and a class action can help you make an informed decision.
What Is a Mass Tort?
On one level, a mass tort is simply an action or inaction that causes harm to many different people. After a mass tort occurs, victims may have multiple options for seeking compensation aside from simply filing a personal injury lawsuit. One of these is called a multidistrict litigation (MDL) proceeding, and the other is a class action.
In an MDL proceeding, each plaintiff (person filing a lawsuit) must prove how they were personally harmed. The court handles common legal questions across the cases but also allows individual issues, such as the amount of compensation owed, to be decided separately.
What Is a Class Action?
In a class action, one or more plaintiffs file a lawsuit on behalf of an entire group of people with similar claims. The group is called a class, and everyone in the class is represented by the lead plaintiff and their attorney.
In Nevada, class actions must meet specific legal requirements, including showing that the class members share enough common facts and legal issues to justify handling their claims together.
Key Differences Between MDLs and Class Actions
While both MDLs and class actions aim to help large groups of people pursue justice, there are several important differences:
- How cases are filed: In an MDL, each person files their own lawsuit. In a class action, one case represents the entire group.
- How compensation is awarded: MDL plaintiffs may receive different amounts of compensation based on their individual injuries. In a class action, compensation is generally divided among all class members according to a court-approved plan.
- Court process: MDLs may be consolidated in state or federal court but allow more room for individual issues to be heard. Class actions must be certified by the court before proceeding and often focus more on common legal questions.
- Involvement of plaintiffs: MDL plaintiffs are typically more involved in their individual cases. In a class action, most class members do not actively participate beyond receiving notice of the case.
In either event, hiring an experienced attorney is likely in your best interest. These can be complicated cases, and it’s important to ensure that your rights are fully represented.
Which Is Right for Your Case?
Deciding whether to pursue a mass tort or class action depends on the facts of your case. If you suffered a serious injury or other significant individual harm, a personal injury lawsuit or MDL may offer a better path to full compensation. A class action might be more appropriate if the harm is widespread but affects each person similarly, such as a financial loss.
Nevada courts carefully review whether cases meet the requirements for a class action. If they do not, an MDL may be the better option for handling complex claims involving large groups of people.
Contact the Nevada Mass Tort Lawyers at De Castroverde Accident & Injury Lawyers for Help Today
If you believe you have a claim that may fall under a mass tort or class action in Las Vegas, Nevada, it is important to speak with an experienced attorney. The legal process for both types of cases can be complicated, and having the right legal guidance often makes all the difference.
For more information, contact our Las Vegas mass tort attorneys at De Castroverde Accident & Injury Lawyers. We offer free consultations and handle cases on a contingency fee basis, meaning you don’t pay unless your attorney wins compensation for you.
De Castroverde Accident & Injury Lawyers – Las Vegas Office
1149 S Maryland Pkwy, Las Vegas, NV. 89104
(702) 718-3632
De Castroverde Accident & Injury Lawyers – Summerlin Office
410 S Rampart Blvd, Ste 480 Las Vegas, NV. 89145
(702) 297-6373
De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV. 89123
(702) 997-4264
