Mass Tort Lawsuits vs. Product Liability Lawsuits: Understanding the Differences

If you have been harmed by a dangerous product, you deserve to be fully compensated for your losses. The same is true if a loved one has been harmed or has tragically lost his or her life. While seeking financial compensation for harm caused by a dangerous product often involves filing a product liability lawsuit, in some cases, joining an ongoing mass tort lawsuit may also be an option. Learn more from an experienced mass tort litigation lawyer at Searcy Denney:

5 Key Differences Between Product Liability Lawsuits and Mass Tort Lawsuits

While product liability lawsuits and mass tort lawsuits both focus on holding product manufacturers accountable for putting people’s safety at risk, there are important differences between these two types of litigation. As a victim or family member, here are five key differences of which you should be aware:

1. One Plaintiff vs. Hundreds (or Thousands) of Plaintiffs

When you file a product liability lawsuit, it is just you against the manufacturer. To prove your legal rights, you will need to obtain the evidence you require, and to secure a settlement, you will need to convince the manufacturer that your case is likely to succeed at trial. While this is far from impossible—we regularly represent clients in successful product liability lawsuits—it requires a strong case that warrants the time, effort, and resources required to seek justice.

If you join a mass tort lawsuit, your lawyer will pursue your case alongside similar cases filed by hundreds—or potentially even thousands—of other plaintiffs. These other plaintiffs’ cases will involve the same product and the same or similar types of injuries. As discussed in greater detail below, there can be several benefits to joining a mass tort lawsuit when warranted; and, if there is an ongoing mass tort case involving the product that injured you or your loved one, joining the ongoing litigation may be your best option.

2. Case-By-Case Investigation vs. Leveraging the Mass Tort Process

In product liability lawsuits, it is up to plaintiffs (and their lawyers) to gather the evidence they need to prove that the product at issue was defective. This alone can be a time- and resource-intensive process that involves examining the product at issue, hiring experts, and conducting extensive discovery.

These are also essential steps in mass tort litigation. But, crucially, they only need to be taken once. Rather than each plaintiff gathering the evidence needed to prove his or her legal rights, the plaintiffs’ lawyers can use the evidence obtained during a single, comprehensive investigation to prove that liability is warranted.

3. Local Litigation vs. Nationwide Litigation

Another key difference between product liability litigation and mass tort litigation is where the litigation takes place. If you have grounds to file a product liability lawsuit, your lawyer will most likely file your case in the local state or federal court. However, most mass tort cases today are handled through the multi-district litigation (MDL) process, which consolidates lawsuits filed across the country within a single federal court.

This makes it essential for plaintiffs in mass tort cases to have a lawyer who is familiar with the unique complexities of the MDL process. Not all lawyers who handle product liability cases handle mass tort cases. If you are eligible to join an ongoing mass tort case, you will want to be sure to choose a lawyer who has the experience and capabilities required to represent your interests effectively.

4. Limited Liability Exposure vs. Strong Financial Incentive to Settle

Settlements and verdicts in product liability cases can be life-changing for victims and their families. But for product manufacturers, they are often fairly inconsequential. This disparity can make it difficult to convince product manufacturers to negotiate in some cases, as they will not be concerned about incurring the costs of litigating a plaintiff’s claims at trial.

In contrast, product manufacturers can have a much stronger financial incentive to settle mass tort cases. Since an unfavorable verdict could mean facing liability to hundreds or thousands of plaintiffs, product manufacturers will often (though not always) be willing to enter into good-faith settlement negotiations when it appears that mass tort plaintiffs’ claims are substantiated.

5. Individual Settlements vs. Global Settlements (with the Opportunity to Opt Out)

In product liability lawsuits, when product manufacturers are willing to settle, settlement negotiations take place between the plaintiff’s lawyer and the product manufacturer’s defense team. Individual plaintiffs have the ability to decide whether to accept or reject a settlement based on their present and future losses.

In mass tort lawsuits, settlement negotiations also take place between the parties’ respective lawyers, but if a settlement is reached, the settlement is offered to all plaintiffs involved in the litigation. In some cases, all plaintiffs may be eligible for the same amount, while tiered settlements are common in cases involving different types of injuries. In any case, each individual plaintiff may accept or reject a settlement, with those who reject retaining the right to continue fighting for additional compensation.

Should You File a Product Liability Lawsuit or Join a Mass Tort Lawsuit?

With all of this in mind, if you or a loved one has been harmed by a defective product, should you file a product liability lawsuit or join a mass tort lawsuit? As you might expect, the answer to this question depends on the specific circumstances of your case. To ensure that you make an informed decision with your long-term best interests in mind, you should consult with an experienced mass tort litigation lawyer as soon as possible.

Schedule a Free Consultation with a Mass Tort Litigation Lawyer at Searcy Denney

Do you have questions about seeking just compensation for a product-related injury? If so, our lawyers can explain everything you need to know about the legal options available to you. To schedule a free consultation with a mass tort litigation lawyer at Searcy Denney, call 800-780-8607 or tell us how we can help online today.