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What Is the Difference Between a Class Action vs. a Mass Tort?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 10, 2026

Read Time: 3 mins

When there is the potential for large numbers of people to have suffered damages at the hands of the same defendants, an attorney may pursue either a class action lawsuit or a mass tort. There are many similarities between these two legal actions, and so it can be easy to mix the two of them up. However, there are also crucial differences.

When you consult a class action lawyer at our firm, he or she can determine whether it is more appropriate to file a class action lawsuit or a mass tort for your particular situation.

Understanding the similarities between class action lawsuits and mass torts

Before you can understand the differences between these two legal actions, it can be helpful to know how they are similar. Both of these types involve more than one plaintiff. A plaintiff is a person who is suing another party, called the defendant. In both a class action lawsuit and a mass tort, the plaintiffs sue the same defendant(s).

A third similarity is that these two legal proceedings were designed to limit the total number of lawsuits filed against the common defendants. Because multiple plaintiffs can join together to sue the same defendant, there is no need for many separate lawsuits to be filed.

Identifying the differences between class action lawsuits and mass torts

The primary difference between class action lawsuits and mass torts is the way in which the plaintiffs are managed. Mass torts do not typically follow legal procedures that might be considered standard. They are generally pursued when the plaintiffs haven’t met the criteria for filing a class action lawsuit. These criteria include having a number of plaintiffs who have grievances that are too different from each other, or who have suffered different types of harm. Often, mass torts consist of smaller numbers of plaintiffs compared to class action lawsuits.

Most notably, mass torts treat each plaintiff as an individual, rather than dealing with a group of plaintiffs as a whole. In a mass tort, each plaintiff (or their lawyer) is responsible for proving the allegations and damages.

In contrast, in a class-action lawsuit, plaintiffs are typically sorted into different classes, based on the type of harm they have suffered. Each class has a representative who is responsible for representing the best interests of that class of plaintiffs. For legal purposes, each class is treated like a single plaintiff.

When a class action lawyer files a lawsuit, each plaintiff must be notified of the lawsuit and given the option to opt out if they wish to obtain their own counsel. Each member must also be notified of their role and legal rights with regard to the class action lawsuit.

Contact a class action lawyer in New York or New Jersey

At the law firm of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., you’ll find an active class action practice headed up by our class action lawyer, Gary S. Graifman. He has decades of experience working on class action lawsuits regarding securities and consumer fraud. We bring all class action lawsuits on a contingency basis, allowing you to receive the benefit of accomplished legal guidance and representation without risk.

Contact a class action lawyer today to discuss your legal rights and options for recourse. We proudly represent individuals throughout New York and New Jersey.

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   LWelsh 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 22 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 86 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 89 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 124 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 147 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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What Is the Difference Between a Class Action vs. a Mass Tort?

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