When another party causes someone’s injury, the injured party may file a personal injury lawsuit seeking compensation for their damages. A personal injury award may include compensation for economic damages (i.e., financial losses and expenses) and non-economic damages (i.e., pain and suffering). Mass torts and class action lawsuits involve personal injury matters. However, the terms are not interchangeable as they refer to two different types of actions.
What Is a Class Action Lawsuit in Missouri?
One or more people file a class action lawsuit seeking compensation for losses and damages for a larger “class” of individuals. The “class” represents all individuals harmed by the same parties in the same manner.
For example, a defective product can explode when plugged into a power source. One or more people injured by the defective product may file a class action lawsuit against the product’s manufacturer. The “class” would include all other individuals injured because the product malfunctioned and caused them to sustain injuries.
Missouri law states that a class action lawsuit may be brought if:
- The class of people is so numerous that naming all parties as plaintiffs is impracticable;
- There are questions of fact or law common to all members of the class;
- The defenses or claims of the parties are typical of the defenses or claims of the entire class, and,
- The representative parties will adequately and fairly protect the interests of the class.
A class action settlement or verdict is binding on all class members unless people have the right to opt out and exercise that right. Therefore, class action lawsuits remove some of an injured party’s rights. For example, the class members do not have a choice in whether the case goes to trial or settles.
Benefits of a Class Action Lawsuit
Even though the class may not have their individual cases heard in court, a class action lawsuit offers several benefits, including:
- Class members are not required to pay any out-of-pocket expenses for the costs of the cases. Costs are paid from the settlement proceeds and spread out among all class members.
- The class action lawsuit might have a better chance of succeeding than individual lawsuits because of the strength in numbers. Disputing thousands of claims can be much more challenging than fighting individual claims.
- Minor injuries could result in a settlement payment. Generally, a case involving a small amount of damages may not be feasible to file. However, as part of a class action lawsuit, individuals with smaller claims may receive payment for damages.
Being a member of a class action lawsuit typically does not require a person to do anything. Therefore, there is less time and stress involved for class members compared to the individuals who file the lawsuit.
What Is a Mass Tort in Missouri?
Mass torts involve numerous claims against the same defendants for similar circumstances. A mass tort is often used when cases do not meet one or more requirements for a class action lawsuit. The court consolidates the lawsuits into what is known as an MDL or multidistrict litigation.
There are several distinct differences between mass torts and class action lawsuits. Some of those differences may be viewed as advantages over class action lawsuits. Differences between mass torts and class action lawsuits include:
Benefits of Mass Tort Actions
Combining mass tort claims into a single MDL does not mean the cases lose their individual status. The cases are only combined for the pre-trial phase. Benefits of mass tort actions include:
- Reduced expenses and time during discovery. Because the cases share similar questions of law and facts, combining the cases for discovery saves time and money. Instead of each plaintiff and defendant conducting discovery independently, they work together to engage in depositions, interrogatories, requests to produce, and other discovery methods. Mass torts often involve complicated questions of fact. Plaintiffs and defendants hire multiple expert witnesses. Since experts and investigations are expensive, combining their efforts during discovery benefits the parties of each case.
- Each case receives a separate settlement or trial. Because mass torts are combined only for discovery and pre-trial purposes, each plaintiff can decide whether to accept a settlement or take their case to trial. A benefit is that each case is tried by a different jury based on the case’s merits. Therefore, each plaintiff receives their day in court if they wish.
- Plaintiffs are able to combine efforts. Plaintiffs who may not have as many resources are able to combine efforts with all other plaintiffs to pursue their claims. The plaintiffs receive the benefits of all attorneys working toward the same goal – obtaining sufficient evidence to prove the defendants are at fault for their injuries and responsible for their damages.
In conclusion, mass tort actions offer significant advantages for plaintiffs pursuing compensation for similar claims against the same defendant.
Learn More About Mass Torts and Class Action Lawsuits in Missouri
While both mass torts and class action lawsuits involve multiple plaintiffs seeking compensation from the same defendant, they differ significantly in structure and process. A mass tort maintains the individuality of each case, allowing plaintiffs more control over their legal journey, whereas a class action consolidates claims into a single lawsuit, often binding class members to the outcome. Understanding these differences is crucial when deciding how to proceed with a claim. If you’ve been injured, consulting with an experienced St. Louis personal injury attorney can help you determine the best legal path for your situation and maximize your chances of a fair recovery.
Contact a Personal Injury Lawyer at Roach Law Car Accident Lawyers Today
While these laws may seem strange, they reflect Missouri’s historical efforts to maintain public order and safety. It’s important to be aware of such laws, even if they’re rarely enforced, to avoid potential legal issues.
For more information, contact the best personal injury lawyer in St. Louis at Roach Law Car Accident Lawyers. We proudly serve all throughout Missouri, including St. Louis County, and we have offices in St. Louis, Chesterfield, Clayton, and Creve Coeur.
Roach Law Car Accident Lawyers – St. Louis Office
1010 Market Street, Suite 1605
St. Louis, Missouri
(636) 519-0085
Roach Law Car Accident Lawyers – Chesterfield Office
400 Chesterfield Center Suite 400
Chesterfield, MO 63017
(636) 999-9587
Roach Law Car Accident Lawyers – Creve Coeur Office
11628 Old Ballas Rd, Suite 320
Creve Coeur, MO 63141
(314) 557-2869
Roach Law Car Accident Lawyers – Clayton Office
7733 Forsyth Blvd, Suite 1100
Clayton, MO 63105
(314) 804-4569
