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Should you file a class action or a mass tort in Florida?

On Behalf of | Sep 14, 2022 | Mass Torts

When you sustain an injury from a defective product, it might make more sense for you to file a class action or a mass tort lawsuit than a personal injury lawsuit. If you have reason to believe that other products of the same model are defective and dangerous, then this might be a path you want to take to protect others.

Finding other victims

When you’re considering filing a class action or mass tort lawsuit, you might want to seek out other victims to hear their stories. The details of their experiences will help you know whether to choose a class action or mass tort. Class action lawsuits are for identical claims, whereas mass torts are for similar but not entirely identical claims. A court might not hear your lawsuit if you don’t choose the correct type.

Geographical location of the victims

Where the victims live may influence what type of lawsuit you file. Mass torts are often best for cases in which the victims live far apart.

One case versus multiple

Another key difference between class action and mass tort lawsuits is how many plaintiffs there are. In a class action case, there is usually one plaintiff who represents all of the victims. Mass torts, in contrast, allow each plaintiff to make their case.


Class action lawsuits provide the same compensation for all victims, although the plaintiff who led the case may receive a slightly higher compensation. The compensation that plaintiffs receive from a mass tort lawsuit is often higher than it is in a class action lawsuit.

The main determining factor for whether you file a class action or mass tort lawsuit in Florida is how similar the injuries are among the victims. Geographical area and your preferred compensation method also influence the decision.