Class Actions vs. Individual Lawsuits: What Victims Need to Know

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When you have been harmed by a doctor, therapist, or another trusted professional, taking the first step toward legal action can feel overwhelming. You may be hearing terms like “class action” or “individual lawsuit,” without a clear sense of which path is right for you. Understanding these options is an important part of protecting your rights, using your voice, and deciding what kind of justice you seek.

California law provides two primary routes for victims seeking accountability and compensation: a class action and an individual lawsuit. Your choice may impact how much control you have in the case, how your personal story is treated, and the amount of compensation you ultimately receive.

This guide breaks down what you need to know, in plain language, so you can make the decision that best supports your healing and your legal interests.

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What is a Class Action Lawsuit?

A class action allows one or more individuals to file a case on behalf of a much larger group. This happens when the group is too big to bring everyone into court individually and when their claims share common facts or legal issues.

California’s Code of Civil Procedure section 382 allows this type of case when:

• The group of victims is too large to bring everyone into court separately.
• Their claims share common facts or legal issues.
• A few “representative plaintiffs” can fairly speak for the entire group.
• A judge determines that handling the case as a group is better than dozens or hundreds of separate lawsuits.

Class actions are common in situations involving defective products, billing errors, or financial scams, where nearly everyone was affected in the same way. They offer efficiency and can resolve widespread harm in one coordinated case.

But class actions are not always the best path, especially for survivors of sexual misconduct, medical abuse, or intimate violations of trust. These cases are highly personal, and no two victims experience the same harm in the same way.

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What is an Individual Lawsuit?

An individual lawsuit, on the other hand, is your own case. It is filed by one person based on their unique experience, harm, and needs. You are not relying on other plaintiffs to move the case forward.

Instead of being grouped with many others, your attorney builds a claim centered entirely on:

• What happened to you
• The specific harm you suffered
• The emotional, physical, and psychological impact
• How the institution responded (or failed to respond)
• Your long-term needs and recovery

An individual case gives you a direct voice in how the lawsuit unfolds. You and your attorney are the only ones to make all major decisions, from strategy to settlement. You do not have to compromise your story or your damages to fit into a broader group narrative.

For victims of sexual misconduct or medical abuse, this individualized approach can feel more validating, more trauma-informed, and more aligned with the truth of what happened.

Choosing between these two paths depends on what occurred, how complex your situation is, and what outcome you want to pursue.

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Key Differences Every Victim Should Understand

1. How Much Control You Have

Class Action:
You do not make case decisions. The lead plaintiffs and their lawyers decide strategy, negotiate settlement terms, communicate with the defense, and speak for the group. You may never meet the attorneys representing you. In addition, some class members may accept modest awards simply because their injuries are less severe, while others may feel underserved. 

Individual Lawsuit:
You work directly with your own legal team. You help shape the case, decide whether to settle or proceed, and stay informed at every stage.

If you want to feel heard and involved, an individual case provides significantly more control.

2. How Your Story Is Treated

Class Action:
Your experience becomes part of a larger group record. Individual differences are often minimized so that the case can focus on what everyone “has in common.”

Individual Lawsuit:
Your attorney can highlight the whole reality of your treatment experience, including details that may be crucial to proving misconduct or institutional negligence. Nothing is “smoothed over” to fit a group narrative.

Victims who want their personal harm recognized, rather than generalized, often prefer filing individually.

3. Potential for Compensation

Class Action:
There is usually one settlement fund shared among many people. Even when the overall settlement is large, each person may receive only a modest amount. Class action payouts tend to be smaller because the money has to go to everyone in the group.

Individual Lawsuit:
Compensation is based on your specific damages, which may include:

• Emotional and psychological trauma
• Medical care
• Long-term therapeutic needs
• Impacts on relationships, career, or daily life
• Punitive elements where appropriate

For victims who suffered serious or long-lasting harm, an individual lawsuit often provides the best opportunity for meaningful compensation.

4. Privacy and Emotional Safety

Class actions involve less personal interaction with the legal team and can feel more distant from your experience.

Individual lawsuits allow:

• More privacy
• Trauma-informed communication
• A closer relationship with your attorney
• A process tailored to your emotional needs

For survivors of intimate violations or sexual misconduct, this can make a significant difference in their ability to move through the legal process safely.

5. How the Defendant Benefits

It is important to understand that institutions and defendants often prefer class actions because they:

• Cap their overall financial exposure
• Prevent multiple trials
• Limit individualized scrutiny of their conduct
• Make negative publicity more contained

Just because a class action is available does not mean it is the strongest option for victims.

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What Class Certification Requires

For a class action to move forward in California, the court must decide whether the people leading the case can fairly represent everyone else in the group. The judge also looks at whether the experiences and injuries of the representatives are similar enough to the rest of the group and whether handling all the claims together makes more sense than filing many separate cases.

These requirements often work well in situations where everyone was harmed in almost the exact same way. For example, if a defective product injured thousands of people or a company overcharged customers using the same formula, a class action can be efficient. Grouping these claims can save time, reduce costs, and allow the court to resolve a large number of cases at once.

But these conditions do not always fit cases involving personal trauma or misconduct by a physician.

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Why Individual Lawsuits May Be Preferable

When it comes to medical sexual misconduct or abuse, no two survivors have the same story. Your history, the nature of the exam, the emotional and physical impact, and the hospital (or other agency) response may differ significantly from those of another person’s experience.

Class actions tend to focus on what all victims have in common, not on the details that make your harm unique. As a result, they may not fully capture the seriousness of your trauma or the specific way the misconduct affected your life.

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Individual lawsuits give survivors far more control. You and your attorney can present the whole truth of what happened to you, supported by individualized evidence such as medical records, emotional injuries, institutional behavior at the time, and long-term effects. 

While individual cases can take longer and may involve more direct participation, they often allow for a deeper pursuit of justice and compensation that reflects your actual harm.

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How to Think About Your Own Situation

If you are deciding how to move forward, it helps to take an honest look at the nature of your experience. In cases where everyone suffered nearly identical harm, a class action might be practical. But if your harm is personal, complex, or different from others, an individual lawsuit may offer a stronger path.

Survivors of medical abuse often fall into this second category. These cases require careful attention to personal details, emotional trauma, and institutional responsibility…all factors that can be lost in a larger group case.

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The Bottom Line

McGrath Kavinoky LLP encourages survivors to reflect on their experiences, needs, and goals when deciding how to proceed. Your experience is important, and while a class action may seem simpler, it may not fully honor the depth of your trauma or the privacy and control you deserve. 

An individual lawsuit is a more personal path; one that centers on your story and seeks justice that reflects the full impact of what you endured.

Class actions and individual lawsuits both serve important roles in California’s civil justice system. The former provides efficiency and collective relief when injuries are uniform. The latter offers tailored justice when each victim’s story is unique. For victims of significant or singular harms, individual lawsuits often hold the better promise of meaningful redress.

If you believe you were harmed and want to understand your options, you do not have to make this decision alone. Contact us for a confidential, compassionate consultation with a female professional on our team. We’d be more than happy to help you explore the path that best protects your rights, your privacy, and your healing.

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