Legally Reviewed
This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
A mass tort is a way for a large group of people to seek justice against an entity that harmed them. Plaintiffs can come together as a group and receive compensation for the pain and suffering they experienced. Not only will mass tort settlement amounts vary from one case to another, but they can even vary based on the individuals involved in the case. However, it is still important for plaintiffs to understand how much they can win.
This guide can help you develop a better understanding of mass torts and how settlement amounts are calculated. Learn more about existing cases to get a better idea of your own.
What Is Mass Tort?
A mass tort is a lawsuit against a negligent corporation or entity. A group of people who are negatively affected by the actions of the organization will file a lawsuit together instead of individually trying to sue the negligent party. Through the mass tort, the plaintiffs seek to prove the defendant harmed them either intentionally or through unsafe practices. Even though the plaintiffs are bringing a single case against the defendant, they are still treated as individuals in terms of damages. Every voice is heard.
Mass torts offer streamed-lined opportunities to compensate parties who were harmed by negligent companies and groups. There are sometimes hundreds of plaintiffs involved in a single mass tort. If each plaintiff had to bring their own case against the corporation, it could take years — if not decades — to work through the lawsuits. Mass torts allow plaintiffs to receive compensation sooner so they can start the healing process.
What Are the Most Common Types of Mass Tort Claims?
Some of the most common mass tort claims are brought against companies that sold unsafe products or exposed people to harmful chemicals. For example, if a company sold a product that was made with unsafe materials, and the victims were able to prove that the product caused their medical ailments, then the company could be sued in a mass tort. This is considered a product liability lawsuit.
Other common types of mass torts include pharmaceutical lawsuits and environmental claims. In a pharmaceutical mass tort, plaintiffs want to prove that a company sold medication without thoroughly testing its potential side effects or without warning patients about known side effects. An example of an environmental mass tort is when a company or entity dumps harmful chemicals into nearby lakes and rivers, harming the people who use these waterways.
What Are the Average Settlement Amounts for Common Mass Tort Claims?
Mass tort settlement sizes vary based on the type of tort, the case, and even the individual experiences of plaintiffs. However, you can find estimated ranges for tort settlements in different categories. Here’s how they vary by case type:
- Toxic exposure: These settlements can range from $5,000 to $500,000 per plaintiff. The toxic exposure can come from a variety of sources, including water, ingested medications, beauty supply products, and even lawn care supplies.
- Product liability: The settlements can range from $100,000 to $500,000 per plaintiff. These lawsuits cover products that consumers thought were safe but actually harmed them.
- Mass disasters: The settlement claims from these suits can reach up to $1 million. The disaster could be man-made, like a poorly made dam that bursts or an airplane crash, or the suit could be the result of poor response after a natural event.
These average ranges are pulled from existing mass tort cases. They do not reflect your potential payout, which could be higher or lower than the stated averages.
What Factors Affect the Size of Mass Tort Settlement Amounts?
One of the main reasons why it is so hard to discuss the average mass tort distribution and your potential estimated payout is that several factors contribute to settlements. Here are a few main elements that affect the size of mass tort settlements:
- Severity of injuries: The courts will consider how you were affected by the negligence of the defendant. They can do so by doing things such as reviewing your medical bills and statements of emotional distress.
- Long-term impact: The court will consider how the negligence of the defendant impacted your ability to work and enjoy life in the years to come.
- Total number of plaintiffs: The size of the mass tort can also impact the average settlement.
- Defendants’ financial means: Even if the defendant has liability insurance, they may have a cap for what they can pay out in a mass tort. This means the resources are limited when they are divided up amongst the plaintiffs.
The expertise of the lawyers you work with can also contribute to your settlement amount. Quality legal representation will increase the chances that you get an appropriate settlement based on your suffering.
How Are Mass Tort Settlements Distributed?
In a mass tort case, settlements are distributed on an individual basis. While the negligent party harmed all of the plaintiffs in the case, each plaintiff was affected differently. Some plaintiffs may have higher medical bills or a lower quality of life because of the negligent party, which means they will likely receive a higher settlement.
This uneven distribution is one of the things that sets a mass tort apart from a class action lawsuit. With a class action suit, the court determines how much the negligent party needs to pay and then divides the funds evenly across all of the plaintiffs. For example, if the court determines the defendant needs to pay $1 million to 500 plaintiffs, each plaintiff would receive $2,000 regardless of whether one plaintiff was more affected than the other.
If you are deciding between filing a mass tort or a class action lawsuit, keep this distribution process in mind. You might prefer the results of a mass tort case.
Examples of Recent Mass Tort Settlement Amounts
One way to better understand the average mass tort settlement amount is to look at existing cases. Here are a few Mass torts found in the media and the settlements that plaintiffs received.
Camp Lejeune Water Contamination
From 1953 to 1987 service members and their families who lived at Marine Corps Base Camp Lejeune in North Carolina were exposed to toxic water. They drank, bathed, and cooked with unsafe water that caused a variety of medical conditions. Even though the first civil suit was filed against the United States government in 1999, victims are just now starting to file mass torts against the military.
In 2023, the first mass tort settlement for victims of Camp Lejeune was reached. The court distributed $850,000 between three plaintiffs. There are currently 117,000 claims against the U.S. Navy because of cancer caused at Camp Lejeune. Legal experts estimate this could cost the government $3.3 trillion. If you think you have a Camp Lejeune claim, reach out today.
Ozempic, Wegovy, Mounjaro
Ozempic, Wegovy, and Mounjaro are injectable medications that are used to treat type 2 diabetes and promote weight loss. The makers of these medications are currently being sued for failing to warn patients about undesirable side effects and complications.
These cases haven’t been settled yet, so there’s no precedent for what the average settlement amount could be. However, if you took any of these medications and were harmed because of them, you can file a claim now.
Roundup Weed Killer
Roundup is one of the most popular weed killers in the United States; however, it also contains harmful chemicals that have been linked to an increased risk of developing cancer. There are currently several active mass tort lawsuits related to illness caused by the use of Roundup. Bayer, the maker of Roundup, is offering $10.9 billion to settle these claims across 100,000 plaintiffs.
You can still file a Roundup claim if you used this harmful chemical and developed cancer or other illnesses because of it.
Chemical Hair Straighteners
The chemicals used in hair straightening products used by women have been linked to the development of certain cancers, including ovarian and uterine cancers. There are several active claims against the makers of these hair straighteners. While these cases haven’t been settled yet, experts estimate the settlements could range from $100,000 to $1.5 million for the affected plaintiffs.
Learn more about chemical hair straightener claims and how to file one.
Determining What Amount Your Mass Tort Settlement Is Worth
There are several factors and moving pieces that contribute to your mass tort settlement amount, which is why it is so important to seek professional legal counsel if you want to move your case forward. Reach out to our legal team if you want to discuss the potential value of your case. We can help you create a plan of action to move forward.