Mass Tort vs. Class Action in Florida: Key Differences (2025)

It can be incredibly helpful to understand the key differences between mass tort vs. class action in Florida if you’re considering starting the process of either. It’s also a good idea to consult a qualified legal professional about the differences and potential benefits of each option for your unique case.

Differences Between Mass Torts and Class Actions

Mass torts and class actions are similar but distinct procedures under personal injury law. Both entail multiple plaintiffs claiming harm or negligence caused by the same party or source. The primary difference between the two is that mass torts occur when similar, individual cases are grouped together, while class actions involve a single filing that represents a group of people with similar experiences.

Within a mass tort, each person’s case is addressed individually. This means every person can select their own legal counsel and have the potential to receive an individualized settlement based on the details of their injuries. Since class actions consolidate multiple smaller claims into a single case with a few plaintiffs acting as representatives, any settlement is divided among all class members.

There are potential advantages to both types of injury claims. Typically, the strength of your claim and the details of your injuries and damages tend to influence which process you may proceed with. Class actions are effective in instances where the damages caused are relatively uniform without much variation. Mass tort cases may be more appropriate when the group of affected individuals has a range of injuries varying in severity.

When Should I Hire a Mass Tort Lawyer?

In 2022, about 3.3 percent of Florida’s GDP went toward tort costs. Under Florida mass tort laws, multiple injury claims against a single defendant are sometimes consolidated into coordinated proceedings, similar to national multidistrict litigation (MDL) cases. You may want to hire a mass tort lawyer if you were harmed in any of the following instances:

• Defective medical devices. Implants, meshes, and other critical medical devices that malfunction can cause serious injuries and even fatalities.
• Hazardous pharmaceuticals. The most common type of mass tort claim involves medications and pharmaceutical companies, particularly when a drug hits the market without sufficient testing or proper warnings.
• Dangerous products. Product liability is an area of injury law covering defective or malfunctioning products that cause harm to consumers.
• Exposure to toxic materials or environmental disasters. This type of case refers to people or communities who were injured or contracted illnesses due to unsafe chemicals, pollutants, or certain industrial accidents.

Cases in Broward County are usually processed at the Main Central Courthouse of the Broward County Judicial Complex, which is located at 201 S.E. 6th Street, Fort Lauderdale, FL 33301. If the case is at the federal level, the matter would instead be processed at the Fort Lauderdale Division of the U.S. District Court for the Southern District of Florida. This legal venue is located at 299 East Broward Boulevard, Room 108, Fort Lauderdale, FL 33301.

The Law Offices of John D. Ameen, P.A., for Your Civil Case

When you’re seeking a fair and full settlement after an injurious accident, it’s critical to work with a qualified lawyer with experience in mass torts and class action laws. At The Law Offices of John D. Ameen, P.A., our lawyers are more than capable of fighting effectively on your behalf and protecting your rights.

FAQs

 What Is the Difference Between a Mass Tort and a Class Action?

The main difference between mass torts and class actions is how several individual claims are grouped together and treated through legal proceedings. A mass tort is when similar cases are filed against the same defendant but are treated individually. By contrast, a class action is a single case with multiple people being represented by one or a few individuals against the defendant.

Should I Go With a Mass Tort or Class Action for My Case?

To know whether a class action or mass tort may be more appropriate for your unique circumstances, it’s recommended that you consult an experienced legal professional. There are benefits to each kind of filing, and one may be more advantageous to your goals, depending on your case. For claims with uniform damages, a class action may be more impactful. However, a mass tort is more suitable for claims with a wide range of damages.

How Much Time Can a Mass Tort Case Take in FL?

In Florida, how long a mass tort case may take to settle can vary widely. Several factors can influence how long a mass tort takes to completely resolve. These include:

• How complex the circumstances of the injury are
• The severity of the injuries and other damages
• How cooperative each party is
• Court scheduling

What Types of Injury Claims Are Included in a Mass Tort?

In Florida, numerous types of injuries and injury claims may be included within a mass tort case. Injuries can vary quite a bit, depending on the nature of the claim itself, including the liable party involved. Of the countless injuries and illnesses that may occur, some examples are:

• Choking
• Burn injuries
• Heart complications
• Brain and organ damage
• Strokes
• Spinal cord injuries
• Broken bones

What Damages Can I Obtain in a Mass Tort Case in FL?

The damages you can obtain in a Florida mass tort case are economic and non-economic damages. Economic losses include property damage, lost wages, and medical costs.

Non-economic damages cover:

• Emotional distress
• Physical pain and discomfort
• Permanent disfigurement or scarring
• Mental anguish
• Loss of enjoyment of life
• Loss of consortium
• Any similar losses

Some mass torts may also be eligible for punitive damages if the negligence was especially egregious.

A Skilled Mass Torts Lawyer for You

If you may have suffered due to the negligence of a company or another party, don’t hesitate to consult a qualified mass tort lawyer. Reach out to us at The Law Offices of John D. Ameen, P.A., today to schedule a meeting to discuss your case.