Quick Answer: Both class actions and mass torts allow large groups to sue a common defendant, but they work differently. In a class action, all plaintiffs share a single lawsuit, a single legal theory, and a single recovery formula — you are automatically included unless you opt out. In a mass tort, each plaintiff’s injury and damages are evaluated individually — you must actively file to join. Securities fraud cases are typically class actions. Physical injury cases (defective drugs, medical devices, toxic exposure) are typically mass torts. 

In This Article:  

• What Is a Class Action Lawsuit? 

• What Is a Mass Tort Lawsuit? 

• Key Differences at a Glance 

• Which Type of Case Might You Have? 

• Can One Company Face Both Types of Lawsuits? 

• Which Results in Larger Individual Recoveries? 

• Frequently Asked Questions 

What Is a Class Action Lawsuit?

A class action lawsuit is a single legal proceeding in which one or more representative plaintiffs — the Lead Plaintiff — sue on behalf of a large group of people who share the same legal claim against the same defendant. 

In a class action, all class members are bound by the same outcome, legal theory, and damages formula. Securities fraud class actions are the most prominent example — thousands of investors who bought the same stock at inflated prices share a single lawsuit, a single Lead Plaintiff, and a single law firm (sometimes a small team of firms). 

Key characteristics of a class action: 

• All class members are automatically included unless they opt out 

• A single Lead Plaintiff directs the case on behalf of all members 

• All members share the same legal theory and recovery formula 

• Recovery is distributed from a common fund based on a court-approved plan of allocation 

• Members pay nothing — attorneys work on contingency and are paid from the settlement fund 

What Is a Mass Tort Lawsuit?

A mass tort is a civil lawsuit in which many individual plaintiffs bring separate claims against the same defendant based on a common product or action that caused harm — but each plaintiff’s injury and damages are evaluated on their own individual facts. 

In a mass tort, injuries may vary in severity and recovery amounts differ based on each plaintiff’s specific circumstances. Common examples include: 

• Defective prescription drugs or medical devices 

• Toxic chemical or environmental exposure 

• Harmful consumer products 

• Food contamination or product liability 

Key characteristics of a mass tort: 

• Each plaintiff must actively file to join the litigation 

• Each plaintiff’s injury and damages are evaluated individually 

• Recovery accounts for personal factors: medical expenses, pain and suffering, lost income 

• Large numbers of federal cases are often consolidated as Multi-District Litigation (MDL) 

• Each plaintiff typically has their own attorney 

Note: Bronstein, Gewirtz & Grossman handles both securities class actions and mass tort cases. 

Key Differences at a Glance 

Which Type of Case Might You Have? 

The type of harm you suffered is the clearest indicator of which type of lawsuit applies to your situation. 

You likely have a class action claim if: 

• You invested in a company that made false or misleading statements to investors 

• The stock dropped sharply after the truth was revealed (a corrective disclosure) 

• You purchased shares during the Class Period and suffered a net loss 

• You purchased a product or service based on false or deceptive advertising 

• A company charged undisclosed fees, engaged in unfair billing practices, or improperly renewed subscriptions 

• Your personal information was exposed in a data breach due to inadequate security measures 

• A company violated consumer protection, privacy, or telemarketing laws (including unwanted robocalls or text messages) 

• You and many other consumers suffered similar economic losses from the same conduct 

You likely have a mass tort claim if: 

• You were physically harmed by a defective drug, medical device, or dangerous product 

• You were exposed to a toxic chemical or environmental contaminant 

• Your injury is personal and may differ in severity from others affected by the same product or event 

• You developed an illness, injury, or medical condition linked to a pharmaceutical product, consumer product, or environmental exposure 

• You required medical treatment, incurred medical expenses, lost wages, or experienced pain and suffering as a result of the exposure or product 

• Your claim arises from the same product, exposure, or event as many other injured individuals, even though your damages are unique to you 

Can One Company Face Both Types of Lawsuits? 

Yes. A single company can face a securities class action and a mass tort simultaneously — and these are entirely separate proceedings with different plaintiffs, legal theories, and potential recoveries. 

A pharmaceutical company, for example, might face: 

• A securities class action from investors who claim they were misled about a drug’s safety or commercial prospects 

• A mass tort from patients who were physically harmed by the same drug 

The two cases proceed on separate tracks. Being part of one does not make you part of the other, and the recoveries are calculated entirely differently. 

Which Results in Larger Individual Recoveries? 

Mass torts can result in larger individual recoveries for plaintiffs with serious physical injuries, because damages account for pain and suffering, medical expenses, and lost income. Securities class action per-plaintiff recoveries tend to be smaller on a per-person basis, but remain meaningful — especially for investors with significant holdings. 

Recovery comparison: 

Class action:Typically 1%–30% of individual investment loss, distributed proportionally from a common fund. 

Mass tort:Can range from thousands to millions of dollars depending on injury severity, medical costs, and pain and suffering — all assessed on an individual basis. 

Frequently Asked Questions 

Do I need a lawyer for both types of cases? 

For class actions, the Lead Plaintiff’s attorneys handle everything for all class members — you do not need to hire your own attorney to participate or receive a settlement share. In a mass tort, each plaintiff should have their own attorney to ensure their individual injuries are fully documented and their recovery is maximized.

What is an MDL (Multi-District Litigation)?  

Multi-District Litigation (MDL) consolidates many similar mass tort federal cases before a single judge for pre-trial proceedings, including discovery and motions. This coordination improves efficiency and consistency, but each plaintiff retains their individual claim — cases are coordinated, not merged. MDL is distinct from a class action: MDL plaintiffs remain separate claimants with individual damages.

How do I know which type of case I have?  

The clearest signal is the nature of your harm: financial loss from investing in a company that misled investors points to a class action; physical injury from a product, drug, or exposure points to a mass tort. The easiest way to confirm is to consult with a firm that handles both. At Bronstein, Gewirtz & Grossman, LLC, our attorneys can quickly evaluate your situation at no cost. 

Is a class action the same as a mass tort? 

No. A class action is a single unified lawsuit where all plaintiffs share the same claims and recovery formula. A mass tort involves many individual lawsuits against the same defendant, where each plaintiff’s harm and damages are evaluated separately. The two mechanisms exist for different types of injury and result in structurally different case management and recovery outcomes. 

Can I be part of both a class action and a mass tort at the same time? 

Yes, if you have both types of claims against the same or different defendants. For example, if you invested in a pharmaceutical company whose stock dropped after a drug safety scandal was revealed, you may have a securities class action claim as an investor and a mass tort claim as a patient harmed by the drug. These proceed as entirely separate cases with independent recoveries. 

What is the statute of limitations for a mass tort? 

It depends on the type of harm, the state where you file, and when you discovered your injury. Unlike securities fraud, which has a federal statute of limitations (two years from discovery, five years from violation), mass tort deadlines vary significantly by product type, state law, and jurisdiction. Consulting an attorney promptly is especially important in mass torts, as deadlines can differ widely and toll rules vary.

What happens if I opt out of a class action? 

If you opt out of a class action, you forfeit your right to receive a share of any settlement and instead retain the right to sue the defendant individually. This is rarely advantageous for retail investors in securities class actions, where individual litigation is expensive and the incremental upside over a class settlement is highly uncertain. Consult an attorney before opting out. 

How long does a class action lawsuit take compared to a mass tort?

Securities class actions typically take two to four years from the filing of the complaint to a final court-approved settlement, though complex cases can run longer. Mass torts and MDL proceedings often take longer still — sometimes five to ten years — because individual damages must be assessed for each plaintiff, bellwether trials may be scheduled to test claims before the broader litigation resolves, and settlement negotiations involve far more variables. In both types of cases, there is no guaranteed timeline, and plaintiffs generally pay nothing out of pocket while the case is pending. 

What is a bellwether trial in a mass tort? 

A bellwether trial is a test case selected from a larger pool of mass tort plaintiffs to be tried early in the litigation. The outcome — and the damages awarded — helps both sides assess the likely value of the remaining claims and often drives broader settlement negotiations. Bellwether trials are a standard feature of MDL proceedings: because thousands of individual plaintiffs cannot all go to trial, courts use a representative sample to establish a realistic range of outcomes. They are specific to mass torts and MDL; class actions do not use bellwether trials because all class members share a single unified case.

Get a Free Case Review from Bronstein, Gewirtz & Grossman, LLC

If you believe you have a securities or consumer claim, our attorneys can help — at no cost to you. 

Call 917-590-0911 or visit bgandg.com to submit your information for a free consultation.

Bronstein, Gewirtz & Grossman, LLC (BG&G) is a nationally recognized plaintiff’s law firm with nearly 30 years of experience representing investors and consumers in securities fraud and class action litigation. Ranked among the top securities class action firms in the country by ISS Securities Class Action Services, BG&G has recovered hundreds of millions of dollars for clients nationwide. The firm handles securities class action cases on a fully contingent basis.
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