While “mass tort” and “class action” are legal terms that are often used interchangeably, they represent two distinct legal strategies. Both involve multiple plaintiffs seeking justice, but they differ significantly in structure, process, and outcomes—especially under Florida law.
What Is a Mass Tort Case?
A mass tort is a civil action involving many individuals who have suffered similar harm due to the actions of one or more defendants. These cases often arise from:
- Dangerous pharmaceutical drugs
- Defective medical devices
- Environmental disasters (such as chemical spills)
- Faulty consumer products
In a mass tort, each plaintiff maintains a separate claim and must prove the specific damages they have suffered. Even though the cases are grouped together for efficiency — especially during pretrial proceedings — each case is still treated individually. Plaintiffs often have their own legal representation and must provide personal evidence of harm.
In Florida, mass torts are sometimes coordinated through state-level consolidated proceedings or included in national multidistrict litigation (MDL). While an MDL is not a Florida-specific process, state courts often manage similar consolidations to streamline complex cases involving numerous plaintiffs.
What Is a Class Action Lawsuit?
A class action lawsuit allows one or more plaintiffs (called “class representatives”) to file a single lawsuit on behalf of a larger group of people who have similar legal claims. This is common in cases where:
- Many consumers purchased a defective product
- A large group was misled by false advertising
- Employees faced widespread wage violations
In a class action, the court must certify the class before the case can move forward. In Florida, class actions are governed by Rule 1.220 of the Florida Rules of Civil Procedure, which lays out specific requirements for certification:
- Numerosity: The group is large enough that individual lawsuits would be impractical.
- Commonality: There are shared legal or factual issues among all class members.
- Typicality: The lead plaintiff’s claims are typical of those in the group.
- Adequacy: The class representatives and their attorneys can adequately protect the interests of the entire group.
Once certified, the outcome of the class action — whether a settlement or verdict — typically applies to all members of the class, unless they choose to opt out.
Key Differences Between Mass Torts and Class Actions
While both types of litigation serve groups of injured people, the differences are critical:
In a mass tort, each plaintiff has an individual case. Damages are assessed separately, and the outcomes may vary from person to person. In a class action, all plaintiffs are part of one group, and the result of the case (win or lose) applies to everyone who did not opt out.
Mass tort plaintiffs usually retain their own lawyers, while class members are represented by a shared legal team. Also, class actions require court certification; mass torts do not.
Florida-Specific Considerations
Florida courts handle both mass tort and class action cases, but judges tend to be cautious when it comes to certifying class actions, particularly in personal injury matters where individual differences among plaintiffs are significant. This is one reason mass torts are often more appropriate in complex injury cases, where each person’s experience (medical treatment, long-term damage, and financial loss) vary greatly.
Additionally, Florida law enforces strict statutes of limitations. Following recent tort reform, most personal injury claims must now be filed within two years of the incident. This timeline applies whether you’re part of a mass tort or a class action, so acting promptly is essential.
Understanding the difference between mass torts and class actions is vital if you’ve suffered harm alongside others due to a shared source. Both offer ways to hold corporations accountable, but the path you take depends on the nature of your injury and how similar your case is to others. If you believe you may have a claim, consult an experienced Florida attorney who can evaluate your situation and guide you toward the most effective legal strategy.
Probinksy & Cole are experienced personal injury attorneys, with offices in Sarasota, Bradon and Orlando.
