Class action vs. mass tort: should you join a group case or file your own?

If a fire, explosion or chemical release turned your life upside down, you have probably seen ads about lawsuits and heard the words "class action" and "mass tort" used as if they mean the same thing. They do not. The class action vs. mass tort question matters because it decides whether your claim is handled as part of one large group, or as your own lawsuit with your own losses and your own result.

This guide explains both, in plain language, and answers the question many people ask us: should I join a class action or file my own lawsuit? It is general information, current as of October 2026, not advice about your claim. The right answer depends on what you lost.

What is a class action?

A class action is one lawsuit brought by a few people, called class representatives, on behalf of everyone harmed in the same way. California allows it when the question is one "of a common or general interest, of many persons," or when the people are so numerous that it is impracticable to bring them all before the court (Code of Civil Procedure § 382). Federal courts use Federal Rule of Civil Procedure 23.

A few features define it:

• The court must certify the class. A judge decides whether the group's claims share enough in common to be handled together.
• You are usually in unless you opt out. If you fit the class definition, you are generally included automatically. The court-approved notice tells you how to exclude yourself and by what date (Rule 23(c)(2); California Rules of Court, rule 3.766).
• The result binds everyone who stays in. A settlement or judgment resolves the claims of every class member who did not opt out.
• A judge must approve any settlement. The court holds a hearing to decide whether the deal is fair, reasonable and adequate before it takes effect (Rule 23(e); rule 3.769).

Class actions work best when many people suffered similar losses that are easy to measure, such as the cost of being evacuated for a few days, lost wages while a neighborhood was closed, or the loss in value shared by a group of properties. Our page on how a class action works walks through each stage.

What is a mass tort?

A mass tort is many individual lawsuits against the same defendant over the same event. Each person, or each household, is a separate plaintiff with a separate claim. The cases are grouped before one judge so that the shared questions, like what caused the disaster and what the company knew, are handled once instead of hundreds of times.

In California state court that grouping is called coordination. When cases in different courts share a common question of fact or law, the Chief Justice can assign them to a single judge (Code of Civil Procedure § 404). In federal court, the Judicial Panel on Multidistrict Litigation can send related cases to one district for pretrial proceedings, known as an MDL (28 U.S.C. § 1407).

The key difference: in a mass tort, your damages are your own. A family that lost a house, a business and a parent's health is not averaged in with a family that evacuated for a weekend. Cases are often tested through bellwether trials, where a small number of representative plaintiffs go to trial first so both sides can see how juries value the claims.

Class action vs. mass tort at a glance

Who is the plaintiff	Class action: a few representatives for the whole group. Mass tort: each person or household files their own case.
How you get in	Class action: usually automatic if you fit the class, unless you opt out. Mass tort: you file, through a lawyer, before your deadline.
How damages are set	Class action: by formula or category for the class. Mass tort: by your own proof of what you lost.
Your control	Class action: limited; class counsel and the court run the case. Mass tort: you decide whether to accept a settlement offer.
Best suited to	Class action: similar, smaller or shared losses. Mass tort: serious, varied losses such as a destroyed home, injury or death.

Should I join a class action or file my own lawsuit?

There is no answer that fits everyone. These are the questions we ask:

• How large and how personal are your losses? A destroyed home, a serious illness, a death in the family, or a business that closed usually calls for an individual case. Losses like a few nights in a hotel and missed shifts are often well served by a class.
• Do your losses look like everyone else's? Class treatment depends on common questions. The more unusual your situation, the more likely a class formula undervalues it.
• Do you want a say in the outcome? In your own case, no settlement is final without your agreement. In a class, the judge approves the deal for the group, and your choice is to stay in, object, or opt out by the deadline.
• What are the deadlines? If you opt out, your own lawsuit must be on time. Do not let a class notice lull you past a statute of limitations.

The two are not always either-or. A single disaster can produce class actions for some kinds of harm and individual cases for others, and the same firm can evaluate both for you.

How this applies to our three active cases

The Eaton Fire

The Eaton Fire litigation against Southern California Edison is coordinated before Judge Laura Seigle in Los Angeles Superior Court. Pasadena Now, citing Associated Press reporting from January 2026, described the proceeding as involving nearly 1,000 lawsuits. The first bellwether trial, with eight plaintiffs, is set to begin January 25, 2027, Courthouse News reported. That is the mass-tort model at work. SCE's own compensation program adds a third path, with its own trade-offs. See our Eaton Fire case page.

The GKN Aerospace chemical release in Garden Grove

About 50,000 people were evacuated in May 2026. Lawsuits followed quickly: class actions and individual suits in federal court and Orange County Superior Court. PBS NewsHour reported more than 30. Because many residents' losses were similar evacuation costs, this is the kind of event where class claims fit many people well, while those with health effects or business losses may need their own case. GKN has also announced a claims program of up to $100 million, negotiated with the Orange County District Attorney's Office. See our GKN Garden Grove case page.

The Lineage warehouse fire in Boyle Heights

More than 300 residents sued Lineage in Los Angeles Superior Court in August 2026 over smoke, ash and ammonia exposure, FOX 11 reported, and MyNewsLA reported that a judge gave the litigation a "complex" case designation that month. Exposure cases often mix both models: shared nuisance claims for the odor and pests, and individual claims for people whose health was harmed. See our Lineage Boyle Heights case page.

What happens if I do nothing?

If a class is certified and you fit it, you may be included automatically and bound by the result, which may be fine for small, shared losses. But doing nothing does not file an individual case for you, and it does not stop the clock on one. If you have serious losses, talk to a lawyer well before any opt-out date or limitations deadline. Keep every notice you receive by mail or email, and do not sign a release from a company program until it has been reviewed.

How LaCour handles disaster cases

We represent people affected by the Eaton Fire, GKN and Lineage events. We are a trial firm, our partners handle the cases, and we review each client's losses to recommend the path that fits: class, individual case, or a company program. Our team includes Spanish-speaking lawyers and staff, and we work on contingency, so there is no fee unless there is a recovery. Ask for a free, confidential review. If you rented your home, also read our guide to renters' rights after a wildfire, and if you are weighing SCE's offer, our guide to the SCE compensation program.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.