What Is a Mass Tort in California?
If you have heard that a drug or device you used is the subject of litigation, the term 'mass tort' can be confusing. At its core it is a simple idea: when one product harms many people the same way, the law lets them take on the company together — without giving up their own individual claims.
Many people, individual claims
A mass tort brings together many people injured by the same product or conduct — often a drug, a medical device, or a chemical. They share the cost and effort of taking on a large company, but each person keeps a separate claim based on their own injuries. Your case remains your own.
Coordinated for efficiency
To handle common questions efficiently — like whether a product was defective — courts often coordinate these individual cases before a single judge. This lets the shared issues be worked out once, while each person's own injuries and damages are still decided individually.
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Frequently asked questions
Is a mass tort the same as a class action?
No. In a class action one outcome covers the whole group; in a mass tort each person keeps a separate, individual claim for their own injuries. The cases are often coordinated for efficiency but resolved individually.
Does joining a mass tort mean I lose control of my case?
No. Your claim stays individual — your own injuries, treatment, and circumstances drive it. Common issues may be handled together for efficiency, but your case and its value remain your own.
California law — what people ask
How long do I have to file an injury claim in California?
Generally two years from the date you were hurt. If a government entity is involved — a city vehicle, a public road, a public hospital — you usually have to present a formal claim to that agency within roughly six months before you can sue at all, which catches people out far more often than the two-year date.
Can I still recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred — even if your share turns out to be the larger one. There is no cutoff percentage that ends a claim here.
Does California cap what I can recover?
Not in an ordinary injury case. Medical-malpractice claims are the main exception, where non-economic damages are limited by a cap that steps up over time. For most claims — car crashes, falls, defective products — there is no statutory ceiling.
What if more than one person was responsible?
California splits the analysis: defendants can be jointly responsible for your economic losses such as medical bills and lost income, while non-economic damages like pain and suffering are apportioned to each defendant by its own share of fault.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured motorist coverage is usually the answer, and it commonly applies to hit-and-run collisions as well. Check every policy in the household, not only the one covering the car you were in.
Will the jury hear that my health insurance paid my bills?
Generally not. California follows the collateral source rule, so a wrongdoer does not get credit for insurance you paid for. How your medical damages are measured is a separate and often contested question.
Injury law in California
California injury law shapes your case in a few specific ways worth knowing early.
- Filing deadline: You generally have two years from the date of the injury to file — and only about six months to put a government entity on notice before you can sue.
- Fault: California follows pure comparative negligence, so you can still recover even if you were partly — or mostly — at fault, with your recovery reduced by your share of the blame.
- Damage caps: An ordinary California injury case has no cap on damages; medical-malpractice claims are the main exception.
- Uninsured drivers: California sets minimum auto-insurance limits and uninsured/underinsured-motorist rules that affect what coverage is available.
Related mass tort topics
California injury law
This is general information about California injury law, not legal advice. Every case is different.
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