By Joe Fantini April 29, 2025

Mass tort cases may lead to major legal reforms as opponents of these cases seek to protect businesses and individuals from excessive liability and compensation for damages. Proponents of tort cases argue that mass torts allow injured parties to seek compensation for damages caused by negligent and wrongful acts. Whether you’re pursuing a claim independently or as part of a larger group, consulting with personal injury lawyers can help you navigate your legal rights and options. Before discussing potential legal reforms that could impact mass tort cases, it helps to understand what tort law covers.

What Is Tort Law?

A tort is conduct that causes someone harm or injury. It is considered a civil wrong. Examples of tort cases include, but are not limited to:

Tort laws govern legal claims for damages arising from negligence, intentional acts, or strict liability. Tort laws seek to remedy the losses and injuries sustained by an injured party by providing monetary compensation. The laws govern aspects of the case, including, but not limited to:

Tort reform refers to changing the laws that govern personal injury cases. For example, tort reform proponents may argue that the statute of limitations (i.e., the deadline to file a lawsuit) should be shortened. They may argue that there should be limits or caps on the amount of compensation allowed for claims.

In other words, tort reform is about money. Proponents of tort reform argue that mass tort lawsuits result in frivolous claims and excessive compensation. They claim that tort laws unfairly favor plaintiffs in civil litigation.

Opponents of changing tort law argue that mass tort lawsuits help injured victims receive the compensation they deserve. Mass tort lawsuits hold companies accountable for their actions, thereby deterring other companies and protecting the public. Tort reform is viewed as limiting the liability of large corporations for their wrongdoing.

What Are Mass Torts?

A mass tort is an act or failure to act that causes harm or injury to numerous individuals. Examples of mass torts include defective medical products, dangerous drugs, groundwater contamination, and large-scale catastrophes.

Mass torts are not class action lawsuits. A class action lawsuit is a single lawsuit filed by individuals on behalf of a larger class. There is only one settlement or verdict that binds the entire class. On the other hand, mass torts are individual lawsuits filed against the same parties for similar grounds. For example, see what the average compensation is for an NEC lawsuit, a common type of mass tort involving dangerous baby formula products.

The court may combine the individual mass tort lawsuits for discovery and pre-trial motions. However, each lawsuit is settled or goes to trial as an individual case. Therefore, some lawsuits may be resolved in favor of the injured parties, while other lawsuits might end with a judgment for the defendants.

Each injured party determines whether they accept a settlement or go to court. If they take their case to trial, a jury decides the matter based on the case’s merits. The juries are chosen for each case, so jurors do not serve on multiple juries.

What Are Bellwether Trials?

Bellwether trials are common in mass tort cases. These cases are test cases chosen from the thousands of cases filed to go to trial. The outcome of the cases gives the parties an idea of what they might expect if they take their cases to trial. The outcome of bellwether trials could have a significant impact on settlement negotiations in other cases.

How Are Mass Torts Different From Other Personal Injury Claims?

Mass torts often involve complex matters. The cases require substantial time and money to pursue. They usually require expert witnesses to assist with the claim investigation. The experts provide opinions and testimony to support the claim.

Mass tort lawyers have experience handling these types of injury claims. They have the resources to investigate and pursue complex cases. If you suspect a company is responsible for your injuries and illnesses, contact a mass tort attorney immediately to determine if you have a legal claim.