What Is a Class Action Suit And How Do I Know If I Qualify?

Have you ever wondered what a class action lawsuit is and how you would know if you’re eligible to participate in one? My name is David Salazar. And a member in our group asked me this question earlier this week.

Welcome to the Safety Guardians, which includes my blog, my YouTube channel and my Facebook page. There, we talk about recalls, defective products, product liability cases, recalled products, and more. A lot of current events are discussed there as well. And class action suits were among the topics that came up.


If your injuries are very serious

First, I want to tell you that if your injuries were extremely serious, catastrophic or severe, do not participate in a class action lawsuit. There is a difference between a class action lawsuit and a mass tort.


A class action suit

A class action lawsuit means that there’s a collective class that goes after a company. And at the end of that, each person gets a pro rated amount of a settlement. Often, it’s less than $100. The majority of the money gets consumed. Because it’s such a large group, the majority of the money is used on expenses and attorneys who actually worked on behalf of that class.


A mass tort

A mass tort is completely different because it takes into account each individual’s actual damages and it allows them to assert their individual claims against the company. This is very different.

A class action suit is one lawsuit that’s filed on behalf of a whole class. A mass tort consists of separate lawsuits filed on behalf of each individual person. Each person has a different damage profile. This is just the nature of how things happen. If a class action is present, I would strongly suggest staying away from it if a mass tort is a viable option. Let me give you an example.


The hernia mesh cases

Hernia mesh cases are cases where there’s a mass tort. And in the mass tort, each individual has been affected by this product, but in different ways. In this instance, because they’ve been affected in different ways, they have different damage profiles. Since that’s the case, each person has to bring their own individual lawsuit against this company because of their damages. That is a mass tort.


Class action suit versus mass tort

A class action is appropriate when all individuals have been deceived or affected by something in a much smaller way. And that whole class files one lawsuit. And this class could represent thousands of people. I want to make sure you understand these separate actions against manufacturers because they have completely different outcomes for individuals.

Some mass torts result in outcomes that can be in the hundreds of thousands of dollars for individuals. Whereas class actions are rarely ever over $100 or $200 or $300. Keep that in mind. If you’re eligible, there’s no harm in actually exploring what your options are because you may have been individually affected much worse than other people have.


If you have questions

If you have any questions, please feel free to give me a call or send me an instant message or an email. We are the Safety Guardians. This is our page. I look forward to talking to you.