Understanding Mass Tort Law Today

April 30, 2025 @ 8:00 am

When many people suffer harm from the same product, company or event, a mass tort lawsuit can provide a fair path to justice. Mass tort law allows individuals to hold companies and other large entities accountable. However—unlike individual lawsuits—mass tort cases also allow plaintiffs to share resources and legal strategies while still pursuing individualized compensation for their unique injuries. 

Because these cases can be complex and require strong legal expertise, working with an experienced mass tort attorney is often essential for navigating the process and achieving the best outcome.

So What Exactly Is Mass Tort Law?

With mass tort law, a case or lawsuit may be referred to simply as a mass tort. A tort is a legal term for a wrongful act that causes harm, giving the injured person the right to seek compensation. Meanwhile, a mass tort happens when multiple people suffer harm from the same source—like a defective product, a harmful medication or an environmental disaster—and file individual claims that are handled together in court.

Mass tort law is the area of law specifically designed to address these types of widespread issues and provide a legal framework for holding larger entities—corporations, manufacturers or government agencies, for example—accountable for the harm they cause to dozens, hundreds or even thousands of individuals.

Unlike a class action lawsuit, which treats all plaintiffs as a single group with the same problem and identical outcome, mass tort cases allow each person to pursue their own needed compensation based on their specific damages. 

Mass tort law also differs from toxic tort law, which focuses specifically on harm caused by exposure to toxic substances like chemicals or pollutants. While toxic torts can be part of a mass tort case, mass tort law covers a broader range of situations where many people have been harmed.

Types of Cases Common to Mass Tort Law

In our increasingly complex society—where large companies manage mass production and decisions often have broad, far-reaching consequences—a single mistake or unethical choice can affect thousands of people. 

Mass tort law exists to address these widespread harms, but with such a variety of potential wrongdoings, mass tort law is a broad, diverse and flexible field by nature. From dangerous pharmaceuticals to environmental disasters, mass torts can involve any situation where many are harmed by the same cause:

• Defective Products: Faulty, poorly manufactured or dangerous consumer products—unsafe vehicles, household items or defective machinery, for example—can lead to widespread injuries or death, prompting affected individuals to pursue legal action.
• Pharmaceuticals and Medical Devices: Claims in this category typically arise from drugs or medical devices that cause unanticipated injuries or illnesses. Medications may have insufficient warnings despite dangerous side effects or faulty implants may lead to chronic pain, serious complications or disabilities, for example.
• Toxic Exposure: Exposure to hazardous substances can lead to serious health issues like cancer, respiratory problems and neurological damage. This category often includes toxic chemicals, asbestos, pesticides and pollutants. Mass tort cases related to toxic exposure typically involve large-scale contamination like chemical spills or widespread pesticide use and can affect many individuals within a specific region or community.
• Foodborne Illnesses: Contamination of food products like produce or meat with harmful pathogens like E. coli, salmonella or listeria can lead to widespread outbreaks of illness. When large numbers of individuals are affected by the same contaminated food source, mass tort law allows them to seek compensation for their injuries, hospitalization and long-term health issues.
• Environmental Disasters: Environmental incidents like oil spills, industrial accidents and large-scale pollution events can cause harm to both individuals and communities over extensive geographic areas and lead to serious health issues and long-term damage. Victims of these disasters may seek redress through mass tort claims.
• Consumer Fraud: When companies engage in deceptive practices—false advertising, mislabeling or the selling of unsafe products without proper disclosures, for example—large numbers of consumers may be harmed and turn to mass tort law to pursue compensation.
• Airline & Other Large-Scale Accidents: Major accidents like plane crashes, train derailments or large-scale transportation accidents may result in numerous injuries or deaths. In these cases, mass tort law helps victims and their families identify the responsible parties and hold them accountable for negligence or failure to ensure safety.

While mass tort cases cover a wide range of potential harms, the two major challenges common to all of them are determining where the actual fault lies and recognizing that issue as one that might be affecting many people. Multiple entities could be responsible—manufacturers, parts suppliers, distributors or even medical professionals. 

For example, in a case involving a faulty medical device, the at-fault party may be parties that include the device’s manufacturer, a parts supplier who sent a substandard item, a shipper who contaminated the goods, or even a healthcare provider who repeatedly used the technology improperly or inappropriately.

Identifying responsibility for numerous victims and pinpointing negligence among the various parties who are potentially responsible requires extensive investigation and a thorough understanding of how each link in a chain of events contributed to harm. This complexity underscores the importance of working with experienced legal counsel when pursuing a mass tort case.

What to Expect as a Plaintiff in a Mass Tort Lawsuit

Pursuing a mass tort lawsuit after experiencing harm can be a complex and lengthy process. But for many, it offers a meaningful path toward justice. Realizing that you can be part of a mass tort lawsuit can be reassuring—you are not alone, and what happened to you was not imagined or insignificant. 

Unlike a class action lawsuit, where all plaintiffs are treated uniformly, a mass tort allows you to pursue your own claim and receive compensation based on your unique damages. Mass tort law balances being part of something bigger with still being recognized as an individual. Here’s how to get started:

• Consult with a mass tort lawyer. A mass tort lawyer who specializes in these types of cases will know how to evaluate the details of your particular case, help determine if you qualify to join a mass tort and explain your legal options.
• Join the mass tort group. Moving forward, your attorney will help you join the group of plaintiffs pursuing the case. In joining the group, you do not give up your individuality—each plaintiff retains their unique claim. However, your case will be handled together with others who share similar harm.
• Collect evidence. Your lawyer will gather critical evidence to support your claim—medical records, product information and documentation of the harm you suffered. This is a critical step in establishing the connection between the defendant’s actions and your injury.
• Discovery & pre-trial investigation. Both sides will exchange information, and your attorney will conduct a thorough investigation. This may involve interviews, depositions and expert testimony to build a strong case and uncover key facts about the defendant’s responsibility and negligence.
• Anticipate the perseverance needed. Mass tort cases can take time to unfold, often requiring patience as the investigation, discovery and legal proceedings take place. Mass tort lawsuits can be a lengthy process spanning months or even years.
• Discuss any legal fees. Most mass tort lawyers work on a contingency fee basis. They forego upfront fees but take a percentage of any settlement or judgment. Discussing fees and costs early on ensures that you know what to expect throughout the process.
• Pursue needed support. Dealing with the aftermath of harm can be emotionally and financially draining. Seek support from family members, counselors, community resources or financial advisors to help you manage the real-life stressors that come with being part of a mass tort lawsuit.
• Negotiate a settlement, or prepare for trial. Mass tort cases often end in settlements, but if the parties are unable to reach an agreement, your case may go to trial.
• Receive compensation. If the case is successful, plaintiffs receive compensation based on the severity of their injuries. While settlement amounts vary, mass tort cases are often designed to ensure that victims are compensated fairly for the harm they have suffered.

Going through a mass tort case can be a long and challenging journey, but knowing that you are not alone and that legal support is available can make a significant difference.

How Working with a Mass Tort Attorney Can Help

Navigating a mass tort case can be complicated—especially when dealing with large entities and a complex legal process. Having a skilled mass tort lawyer by your side can simplify the journey, protect your rights and ensure that you receive the compensation you deserve.

• Expert Guidance & Legal Strategy: A mass tort lawyer brings specialized knowledge to the table, helping you understand the legal framework and strategies that best suit your case. They offer insight into the potential outcomes and risks involved, allowing you to make informed decisions.
• Access to Resources & Support: Mass tort cases often involve extensive research, evidence collection and expert testimony to prove fault and negligence. A mass tort lawyer can connect you with the necessary resources—investigators, medical professionals and substantive experts—who can help build a strong case on your behalf.
• Streamlined Communication & Coordination: Dealing with a large number of plaintiffs and defendants can create a maze of communication. Your attorney will serve as a central point of contact, ensuring that all aspects of your case are coordinated and that you remain in the loop throughout the process.
• Negotiation Skills: Mass tort attorneys have experience negotiating with powerful corporations, insurance companies and other legal entities. Their mission is to advocate for your best interests every step of the way and secure a fair settlement for you.
• Maximizing Compensation: Your lawyer’s primary goal is to ensure you receive appropriate compensation for your injuries. With their understanding of mass tort law, they will fight to secure the maximum compensation for your unique circumstances, accounting for both current and future damages.

With the guidance and support of an experienced mass tort lawyer, you can navigate the complexities of your case with confidence, knowing that your voice is heard and that your rights are protected. Legal support, expertise and dedication play a crucial role in helping plaintiffs in a mass tort lawsuit achieve fair and just outcomes.

How to Initiate a Mass Tort Lawsuit

Starting a mass tort lawsuit is a critical step toward holding wrongdoers accountable for what they have done or failed to do. While taking action may seem overwhelming at first, understanding the initial steps involved can make the process more manageable.

• Consult with a mass tort lawyer. The first and most important step is to meet with a mass tort attorney. They will evaluate your situation, determine whether your case qualifies for a mass tort and provide guidance on your legal options.
• Define the group of plaintiffs. Mass tort cases involve multiple individuals who have been harmed by the same cause. Your lawyer will help identify other people who have suffered similarly and will organize the plaintiffs into a collective group. While each case remains an individual claim, the group helps streamline the process and demonstrate that a serious issue exists.
• File your claim. Once your attorney has confirmed that you have a valid case, they will help you file your individual claim in court. This includes submitting the necessary legal documents outlining your injury, the responsible party and the compensation you are seeking.
• Join the mass tort litigation process. In most cases, the court will manage all the claims through a coordinated process like multidistrict litigation, for example, where similar cases are handled together for efficiency. Your lawyer will ensure that your case is properly integrated into this process.

Once you have initiated your mass tort lawsuit and are part of a coordinated legal process, your case will proceed through the usual steps—evidence gathering, pre-trial motions, and potentially settlement discussions or trial. With the support of your attorney, you can know that your claim will be properly heard and that your rights to compensation are protected every step of the way.

Louisiana Mass Tort Lawyers

If you feel that you have been harmed and believe others have faced the same issue, you don’t have to navigate this alone. Reach out to the experienced mass tort attorneys at Morrow, Morrow, Ryan, Bassett and Haik. 

We’re here to listen, answer your questions and guide you through the legal process with care and expertise. Together, we can help you understand your options and fight for the justice and compensation you deserve. Contact us today for a free consultation.

Sources:

https://www.lpm-triallaw.com/blog/mass-torts-explained
https://vogelzanglaw.com/what-we-do/toxic-mass-torts/
https://www.searcylaw.com/mass-torts/mass-tort-vs-class-action/
https://www.bbtrial.com/practice-areas/mass-torts/food-contamination/