When you’ve been harmed by a defective product, dangerous medication, or corporate negligence alongside thousands of other people, you’re likely facing a choice between joining a class action lawsuit or filing as part of a mass tort. While both can help you seek justice, the financial difference between them can be substantial, and the answer to which pays better isn’t as simple as you might think.

The distinction matters more than most people realize. Mass tort settlements can vary greatly and often result in payments of hundreds of thousands of dollars. You may see a settlement anywhere between $100,000 to $1,000,000, depending on the details of your case. Meanwhile, class action payouts tend to be much smaller for individual participants, though they’re typically faster and more predictable.

How Mass Torts Handle Your Money

In mass tort cases, you maintain your individual lawsuit even though it gets grouped with similar cases for efficiency. This means your settlement gets calculated based on your specific damages, injuries, and circumstances. In mass torts, settlements are negotiated individually, and compensation is based on the specific damages suffered by each plaintiff. This means that plaintiffs with more severe injuries or losses can receive higher settlements.

Real settlement examples show the difference: Currently, transvaginal mesh cases (surgical mesh implants used to treat pelvic organ prolapse and stress urinary incontinence) are settling for $140 – $160k for plaintiffs who’ve undergone one revision surgery, and from $300-$500K for folks with multiple corrective surgeries. These cases stem from Endo International’s $775 million settlement to resolve 22,000 mesh lawsuits in August 2017. If you suffered permanent hearing loss from Tepezza injections, your payout reflects your specific hearing damage. If the Roundup weedkiller caused your cancer, your settlement accounts for your medical bills, lost wages, and individual suffering.

This individualized approach means mass torts generally provide higher payouts for people with serious injuries. However, you’ll wait longer for resolution since each case requires individual evaluation.

How Class Actions Split the Pot

Class action lawsuits work completely differently. Everyone in the “class” gets treated as one giant plaintiff, represented by a few people chosen as class representatives. In class actions, settlements are distributed among all class members, often resulting in smaller individual payouts.

The money gets divided according to a formula the court approves, which typically results in smaller checks for individual class members. Securities class actions (lawsuits alleging companies misled investors about their financial condition or business prospects) had a median settlement amount of $14 million in 2024, but that dollar amount gets split among potentially thousands of class members.

Current Class Action Settlement Examples

Recent class action settlements show the reality of individual payouts. The Washington State transvaginal mesh settlement provided $9.9 million for approximately 45,000 eligible Washington women, while the Blue Cross Blue Shield antitrust settlement is reviewing claims for millions of subscribers who purchased health insurance from participating plans. Many consumer protection settlements offer modest amounts like $25 to $100 per eligible person, though data breach and financial services class actions sometimes provide more substantial compensation depending on documented harm.

Which Approach Pays Better?

The honest answer depends entirely on your situation. Mass torts are usually better for serious physical injuries because you’ll likely get a higher payout when your case is looked at on its own. If you suffered severe harm that required multiple surgeries, ongoing medical treatment, or permanent disability, mass tort litigation typically provides significantly more compensation.

Class actions work better when your individual damages are relatively small but the overall harm affects many people. They’re also faster, with class actions being more efficient, but they don’t pay out as much as mass torts.

Key factors that influence which pays better:

Your injury severity matters most. Serious, documented harm with extensive medical records and ongoing treatment needs typically results in higher mass tort settlements. Minor inconvenience or small financial losses often fare better in class actions where the efficiency makes up for smaller individual payouts.

The strength of your documentation also makes a difference. Mass torts require you to prove your individual case, so detailed medical records, employment history, and expense tracking become crucial for maximizing your payout.

The Trade-offs You Need to Consider

Mass torts offer higher potential payouts but come with longer timelines and more uncertainty. You maintain control over your case and can reject settlement offers if they seem inadequate. However, you’ll also pay higher legal fees and wait years for resolution.

Class actions provide quicker resolution and lower costs since everyone shares legal expenses. But you give up control over your case and must accept whatever settlement the class representatives negotiate. You can’t reject the deal and pursue individual compensation.

Warning: Beware of unrealistic promises

Some lawyers advertising mass tort cases make inflated promises about potential settlements. Remember that there’s no average individual settlement amount in mass tort cases since each case depends on individual circumstances.

Making the Right Choice for Your Situation

Consider mass tort litigation if you’ve suffered serious physical injuries with substantial medical bills, lost wages, or permanent impairment. Choose class action participation if your damages are relatively minor but you want faster resolution with lower costs.

Your options aren’t always exclusive, but timing matters. You can opt out of a class action before final approval if you believe your case merits higher individual compensation, but once you’ve accepted a class action settlement, you generally can’t pursue separate litigation. An experienced attorney can help you evaluate whether your situation would benefit more from individual treatment in a mass tort or collective action in a class action.

Mass torts typically pay better for serious individual harm, while class actions provide accessible justice for smaller injuries affecting large groups. Understanding this difference helps you make the choice that’s most likely to get you the compensation you actually deserve.