If you’ve been injured because of someone else’s negligence, you may be considering legal action—but should you file a personal injury claim or join a mass tort case? While both aim to help victims recover compensation, they are handled differently and can lead to different outcomes. Understanding the distinctions between these two legal paths can help you make the right choice.
What Is a Personal Injury Claim?
A personal injury claim is a lawsuit filed by someone who has suffered harm due to another person or entity’s negligence. Common examples include:
- Car, truck, or motorcycle accidents
- Slip and fall injuries.
- Dog bites
- Medical malpractice
- Workplace injuries (outside of workers’ comp cases)
In a personal injury case, your claim is unique to your situation. You work directly with your attorney to pursue compensation for your specific damages, such as medical expenses, lost wages, pain and suffering, and future care needs.
What Is a Mass Tort?
A mass tort involves multiple people who the same defendant or product has harmed, but each person’s injuries are considered individually. Mass torts are common in cases involving:
- Dangerous or defective drugs
- Faulty medical devices
- Toxic chemical exposure (such as asbestos)
- Large-scale product defects
Mass torts are often confused with class action lawsuits, but they are not the same. In a class action, all plaintiffs are represented as one group, and any settlement is divided equally. In a mass tort, each plaintiff’s damages are assessed separately, meaning your compensation is based on your unique injuries and losses.
Key Differences Between the Two
While both legal paths seek compensation for injuries, the differences are significant:
Number of Plaintiffs:
- Personal Injury: One plaintiff, one claim.
- Mass Tort: Many plaintiffs, separate claims linked to a common cause.
Type of Injury:
- Personal Injury: Often caused by a single event, like a car crash.
- Mass Tort: Harm often develops from a defective product or hazardous exposure over time.
Case Management:
- Personal Injury: Handled individually in local courts.
- Mass Tort: Often consolidated in a single court for pretrial proceedings to streamline the process.
Which Option Is Right for You?
The right path depends on the source of your injury and whether others were harmed similarly. You might consider a personal injury claim if:
- A unique accident or act of negligence caused your injury.
- No large group of people suffered similar harm from the same cause.
A mass tort may be the better option if:
- Your injury is linked to a product, drug, or hazard that has harmed many others.
- Your attorney confirms that a mass tort case is already underway or could be filed.
Why Legal Guidance Matters
Choosing between a personal injury claim and joining a mass tort is not always straightforward. An attorney experienced in both areas can evaluate your case, explain your options, and help you determine which approach will give you the best chance at full compensation.
At KRW Lawyers, we represent clients in personal injury and mass tort cases. Our team has the resources, experience, and dedication to fight for your rights—whether you’re taking on a negligent driver, a careless property owner, or a corporation that puts profits over safety.
San Antonio Mass Tort Attorneys
If you’ve been injured, don’t leave your future to chance. Whether your case belongs in a personal injury claim or a mass tort, KRW Lawyers can guide you every step of the way.
Contact KRW Lawyers today at (855) 770-4045 for a free consultation. We’ll help you understand your options and fight for the justice you deserve.
