Class Action or Mass Tort? The Honest Answer About Funding Your Case
Straight talk: a true class action share generally cannot be advanced against. But many people who think they are in a class action are actually in a mass tort, an individual case we fund every day. Two minutes here tells you which one you have.
No obligation. No credit check. Takes 2 minutes.
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What is the difference between a class action and a mass tort?
They sound alike and get lumped together, but for funding they are opposites.
A class action is one lawsuit filed on behalf of a large group. One or two named plaintiffs represent everyone; the rest of the group are absent members who typically get a notice in the mail and, if the case succeeds, a share of a common fund. That share is usually modest, arrives on an unknowable schedule, and is not an individual legal claim. There is nothing there to secure an advance against, which is why we are honest up front: we do not fund class action shares, and we would be careful with anyone who says they do.
A mass tort looks similar from the outside, many people hurt by the same product or drug, but works completely differently: each person files their own lawsuit, with their own attorney, their own injuries, and their own individual recovery. Roundup, talcum powder, hair relaxer, IVC filters, defective devices and drugs: these are mass torts. An individual mass tort claim is exactly the kind of case pre-settlement funding was built for, and we fund them.
The rest of this page helps you tell which one you have, in plain English. If it turns out to be a mass tort, you can apply right here.
Where funding is strongest for these cases: claims with a settlement offer on the table, an established settlement program or qualification criteria, or cases that have already settled and await payment. Earlier-stage claims of this type move slowly, and funding options are limited until the path to resolution is concrete. If your case has an offer or program qualification, call us: those fund quickly.
How does funding work, from application to cash?
Apply Online
Complete our 2-minute form or call our team. Basic case details only, no documents needed at this stage.
Attorney Review
We contact your attorney to evaluate liability, injury severity, and estimated settlement value.
Fast Decision
Our underwriters assess your case and return a funding decision, typically the same business day.
Clear Agreement
We present a fully transparent agreement. All terms are spelled out before you sign, no hidden costs.
Funds Delivered
Money arrives via wire transfer or overnight check within 24–48 hours of signing.
No obligation. No credit check. Takes 2 minutes.
How much could you qualify for?
Adjust the sliders for an instant estimate based on your case profile. All figures are illustrative, actual amounts depend on case evaluation.
Is your case a class action or a mass tort?
Check your paperwork. These signs settle it in most situations:
It is probably a mass tort (fundable) if: you signed your own retainer with a law firm about your injury; your case or claim has your name on it; your lawyer talks about your medical records, your damages, your settlement.
It is probably a class action (not fundable) if: you received a notice in the mail inviting you to join or opt out; you filled out a claim form on a website; you never hired your own lawyer; any payout would be a share of a common fund.
Still not sure? Ask your attorney "is my case an individual claim or am I a class member?", or call us at (917) 267-8368 and we will tell you straight in one conversation, at no cost. We would rather give you a fast honest answer than a slow no.
What can you use mass tort funding for?
There are no restrictions on how you use your pre-settlement funding. Most of our clients use it to bridge the gap while treatment continues and their attorney builds the case.
Whether it's keeping the lights on, covering out-of-pocket medical costs, or replacing lost income from missed work, the money is yours to use where it's needed most.
Apply Now →| Expense Type | Covered? |
|---|---|
| Medical bills & treatment | ✓ Yes |
| Rent, mortgage & utilities | ✓ Yes |
| Lost wages / income gap | ✓ Yes |
| Groceries & daily expenses | ✓ Yes |
| Transportation to appointments | ✓ Yes |
| Childcare | ✓ Yes |
| Any other personal expense | ✓ Yes |
What should every class action and mass tort plaintiff know?
The honest threshold question: is there an individual claim? An advance has to be secured by something, and an absent class member’s possible share of a common fund is not an individual claim, there is no case file to review, no attorney of record for you specifically, and no way to know what the share will be or when it will arrive. That is why true class action shares cannot responsibly be funded, by us or anyone. Mass tort plaintiffs are different: your own suit, your own file, your own recovery. If that is you, the funding review works exactly like any other injury case.
What Determines How Much You Qualify For
Diamondback evaluates four primary factors: liability, the clearer the fault, the stronger the case for funding; documented damages, which establish the value floor; the defendant’s insurance or ability to pay, which sets the recovery ceiling; and your attorney’s assessment of likely resolution value. Approvals typically range from 10–20% of estimated case value.
The Role of Your Attorney
We communicate directly with your legal team to review case documentation and determine an appropriate advance, which protects you: your attorney ensures the funding is structured sensibly relative to your expected recovery, and we never direct litigation strategy or pressure settlement decisions.
Free assessment in minutes. No credit check, no obligation to accept.
Apply NowOr call (917) 267-8368
Case already settled? Post-settlement funding →
Related Case Types
At a Glance
Can I get pre-settlement funding on a class action, and what about a mass tort?
No for a class action share, and yes for an individual mass tort claim once there is a settlement offer, a settlement program you qualify for, or a settled case waiting on payment. A class member's share is not your claim; it is a slice of a common fund with no individual value to review, so there is nothing to advance against. A mass tort claim is yours, filed by your attorney with your injury, and at offer stage it funds quickly: most decisions go out the same business day and funds arrive within 24 to 48 hours of signing. Before that stage, funding is not available, because the path to payment is not yet concrete. Send it in and we will tell you which one you have.
What makes a mass tort claim strong for funding?
An offer or a program with your name in it, and the proof that puts you in the right tier. Mass tort settlements are usually built on points: the product or drug you used, how long and how much, the injury you were diagnosed with, and how closely it matches the injury the litigation is about. Proof of use is the foundation: pharmacy records, implant cards, operative reports, purchase history or a documented exposure period. Then the diagnosis, from pathology or imaging rather than a symptom list, and the date it was made. Once the offer or qualification letter is in hand, those facts decide where you land and how much can be advanced while you wait. Before that, they are what your attorney is building.
Funding at a glance
Cost, in writing
No upfront fees, no monthly payments, and the exact payoff at 6, 12, 18 and 24 months before you sign. What funding costs
Class Action vs. Mass Tort FAQs
If you hired your own attorney for your own injury and your claim has your name on it, it is almost certainly a mass tort or an individual case, and it can be reviewed for funding. If you got a notice in the mail or filled out a claim form online and never hired your own lawyer, it is almost certainly a class action share, which cannot be advanced against. Your attorney can confirm in one sentence, or call us and we will help you sort it.
No, and we will not pretend otherwise. A class member's share of a common fund is not an individual claim, so there is nothing to secure an advance against. Be careful with any company that says yes to this: an advance against nothing has to be repaid from something.
Named plaintiffs are a rare, case-by-case situation, and even then class recoveries usually will not support a meaningful advance. Call us and describe your situation; you will get a straight answer, not a runaround.
Yes, that is a mass tort, an individual claim, and it is one of the case types we fund regularly, including Roundup, talcum powder, hair relaxer, IVC filter, and defective drug and device claims. Apply or call and we will review your file.
Yes. That is post-settlement funding, an advance against a settled but unpaid claim. Because the uncertainty is gone it is faster to approve and usually costs less.
You owe nothing. Our funding is non-recourse: repayment comes only from your settlement or judgment. The one exception, standard across the industry and required by state funding laws, is fraud or material misrepresentation in connection with your application or claim, which voids the non-recourse protection.
Once your individual case has a settlement offer or has settled, yes. Opting out turns a class share into a claim that is yours, with your attorney, your injury and your own recovery, which is what funding can be measured against. While the individual case is still being litigated, funding is not available; when an offer arrives, send it in and it will be reviewed quickly.
No, and we would rather say so than take an application we cannot fund. Even after a class action settles, an absent member's payment is set by a claims process, is usually modest, and arrives on a schedule nobody controls, so there is nothing to size an advance against. If what you actually have is an individual mass tort claim that settled, that is different and is fundable; call and we will help you tell which one you have.
Not Sure Which One You Have? One Call Settles It
Stay financially stable while fighting for the settlement you deserve, without pressure to accept a lowball offer.
Apply Now →No obligation · No credit check · Decision the same business day