Class Action Lawyers
Class action lawsuit lawyers can collectively represent groups of people, and filing for a case together can save you effort, time, and money.
What is a Class Action Lawsuit?
A class action lawsuit is also referred to as representative action or class suit. This type of lawsuit is relatively common and occurs when a particular number of plaintiffs sue one or more defendants, on the behalf of a group, class, or absent party.
Class actions were created to protect the rights of many people that have been harmed or damaged, usually by a company or corporation. This fosters more awareness that wealthy entities can be sued, and to do so, means joining forces with other people to increase the possibility of gaining success in pursuing legal action. Another purpose of class action lawsuits is to bring widespread awareness and publicity to the underlying issues of the litigation.
Though standards may differ amongst states, this type of lawsuit is generally used to address allegations involving a large group of people. A class action lawsuit can resolve all claims made by each member of the class, with or without knowing the extent of harm done to each member, as perpetrated by the same defendant. The effort is carried out by carefully chosen class action lawyers. Below are the benefits of pursuing a class action lawsuit:
- Strong Position: There is a stronger negotiating position on the part of the complainants due to their sheer size in number. Class action cases most commonly resolve with an out of court settlement.
- Lower Costs: Compared to individual lawsuits, an appointed class action lawyer will be paid once the case is successful.
- Ample Time for Filing: Potential collective claimants are given more time to prepare for the suit compared to individual complainants.
- More Chances at Monetary Recovery: There is a greater opportunity to recover monetary claims. As there are times when defendants find it hard to pay a horde of claimants, chances are the others who have filed separately or filed late, may not be fairly compensated.
- Equal Payouts: In contrast with individual claims, defendants may offer equal payouts in class action lawsuits. This helps eliminate the disparity in paying all of the claimants.
- Less Strenuous on Judges: Filing a case in a collective manner is a more efficient measure. It will involve a few judges and the time spent inside the courtroom is reduced. This eases up the strain not only on the part of the judges but on the claimants as well.
Downsides
You may find that a class action lawsuit is not suitable for your situation, as is the case in the examples listed below:
- If you are aiming to recover a large amount for non-economic damages that are hard to quantify
- If you want more involvement in the decision-making concerning your case
If the filed class action lawsuit failed due to some unforeseen circumstance, you will not be able to file an individual case in the future. Class actions have more legal procedures than an individual lawsuit. This is the reason why the court allows for more preparations to bring the case to court. Therefore, it moves slowly in contrast with individual lawsuits.
How a Class Lawsuit is Formed
A class action is formed by a large group of people who share similar injuries. The defendants may be corporations, a group of people, or entities that are large in scope. This group, referred to as a “class,” would claim that the defendant has caused harm that resulted in injury to members of the class.
The class has to be certified by the court in order to be classified as a class action. There are many ways a court certifies a class action lawsuit. If it has not gone through this process, the case will be dismissed.
Some groups may be around 40 individuals or more. Technically, there is no minimum number needed when filing for class action. But to go below 40 when filing for a class, a legal representative may find it hard to have it certified. A number lesser than this may not have the same impact on the defendant according to class action lawsuit lawyers.
Common Types of Class Action Lawsuits
Tobacco, Defective Product, and Mesothelioma are among the class actions that are commonly filed in court.
Tobacco is a known messenger for respiratory diseases, lung cancer, and other related medical conditions. Causes of filing for tobacco class action could be:
- Failure to warn consumers
- Negligence
- Products liability
- Wrongful death
- Deceptive business practice
- Consumer protection
- Strict liability
Mesothelioma is caused by human exposure to asbestos. Asbestos, one of the many materials in constructing homes, has caused the deaths of many individuals in countries like the U.S., Canada, and the U.K., among others. Not only are the lives of those who have had first-hand exposure to asbestos in danger, but the people closest to them may be harmed through second-hand exposure as well.
Class actions can include claims for personal injury or wrongful death.
Wrongful death claims can be for:
- Lost household income
- Outstanding medical bills
- Funeral expenses
- Pain and suffering
- Related expenses
- Loss of consortium
Personal injury claims can be for:
- Hospital bills and doctor’s fees
- Treatment and medication costs
- Travel expenses for medical care
- Lost income
- Related personal expenses or other medical fees
- Pain and suffering
There are a significant number of class action lawsuits involving defective products. Filing for a car manufacturer is possible for malfunctioning vehicles. Instances in which vehicles accelerated unintentionally, airbags malfunctioned, or defective brake systems caused injury are likely to result in a class action lawsuit.
A product liability class action may be entitled to damages, depending on the injuries incurred. The defendant may be ordered to make changes to the product or item, thus preventing future injury for customers at risk.
Other class actions are environment, finance, employment, and dangerous drugs, as well as civil rights, to name a few.
Ways to Know if you are Part of a Class Action
Class action lawsuits have to undertake several steps before you can start participating. Once a trial is approved by a judge, a notice is set. You will know that you are part of a class action lawsuit if you received notification by mail, email, or newspaper posting.
This notice tells you that you are a qualified member of the class and tells you how to proceed. If you want to opt-out of the case, you have to do so by participating in one session with your lawyer and other members to get out of the class.
Potential Class Online
There are class actions you can find online and several websites cater to different class action lawsuits. You can join a class to make a claim by means of sorting some listings. You can sort by means of searching for settlements or actions which are open to claims, still pending, or closed. It can be simple if you utilize the calendar to find upcoming claim deadlines.
To be sure that you are on the right track, contact class action lawyers that you can find on LegalMatch to help you with legal issues that you may share with other individuals. This will prevent you from being caught up in one of numerous internet scams that are all-too common.
If you have been harmed by a service or product, use LegalMatch to locate class action lawyers near me. You may be entitled to compensation, and an experienced lawyer can assist you with pursuing your claim.
