Class-Action Lawsuits
A class action lawsuit is a court case where multiple people join together with similar claims against the same defendants. Class action claims include mass torts, consumer protection, and product defect claims. A class action lawsuit is often more efficient and consistent than many separate legal claims. Class actions also empower individual people to take on large corporations with lots of money.
Individuals can file a class action as the named plaintiff or join as a class member. Talk to a local class action lawsuit attorney for legal advice to learn about class action cases and how you can take part.
What Is a Class Action Lawsuit?
A class action lawsuit is a suit that represents a class of people who have similar issues to litigate against the same defendant. Class action cases can involve a few dozen members or millions of potential plaintiffs. In a class action claim, claimants and class members share in the court judgment or class action settlement.
An attorney can file a class action claim in state or federal court. Most class action cases start in the federal district court because plaintiffs often include people in multiple states. Class action cases can go to trial, but most settle before trial. Potential class members generally get notice of the proposed settlement and can elect to join or be excluded.
Certifying a Class Action Case in Federal Court
Before a class action lawsuit can go forward, the court needs to certify the class action. The court must review the case to ensure the representative plaintiffs can fairly and adequately represent the class members. There are four requirements for class certification under federal law:
- Numerosity (a large group of proposed class members)
- Commonality (common questions of law or fact)
- Typicality (named party claims are typical of the class)
- Adequate representation (representatives will fairly protect the class interests)
Types of Class Action Lawsuits
Many types of cases can involve multiple injury victims. Common types of class action lawsuits include:
- Product liability claims
- Consumer protection cases
- Dangerous drug cases
- Personal injury mass torts
- Asbestos exposure
- Financial services fraud
- Data breaches
- Antitrust claims
How Do Class Action Lawsuits Work?
Class-action litigation starts with one or a few people filing a lawsuit. This is the lead plaintiff or class representative. The lead plaintiffs file the lawsuit and participate directly in the litigation. If other people suffer similar harm under similar circumstances, the case may qualify as a class-action suit.
If the judge certifies the case as a class action, everyone in the same class will qualify as an additional class member. Class members are bound to the case’s outcome and cannot file their own lawsuits later. Alternatively, potential class members can exclude themselves and try to file their own claim against the defendant.
Benefits of Joining a Class Action Lawsuit
Most people who qualify to join the class action will get a notice. Class action notices can come through a postcard in the mail or by email. When you get notice of a class action settlement, your options include submitting a claim to join the class or excluding yourself. You can also object to the settlement or ask to go to the hearing.
If you did not know about the claim or otherwise would not take legal action on your own, there are few downsides to joining the claim. However, you may want to file your own claim if you suffered serious injuries or financial loss. A separate lawsuit gives you more control over agreeing to a settlement.
For example, a vehicle defect caused minor damage to the vehicle, and the class action settlement offers free repairs. If the same defect causes your car accident, the settlement may not cover your injuries. You could have medical bills, permanent injuries, and loss of income. Joining a class action settlement may not be the best option.
Alternatively, many class action lawsuits involve small amounts of money. The settlement may not give you all of your damages, but it may be more than you would get by filing your own lawsuit.
For example, if a phone company added unfair charges and cost you $100, it would be difficult to file a separate lawsuit just for $100. Joining a class action settlement may only get you $20, but that could be more than you would have received otherwise. Talk to a class action attorney to decide whether to join a class action or file your own lawsuit.
Help From a Class Action Lawyer
A class action attorney can review your claim and explain your legal options. You can file an individual claim or join as a class member to share in the settlement. Your attorney can explain the benefits and downsides of each type of legal claim. If you want to file a lawsuit, your attorney can help you get started.
Many class-action attorneys work on a contingency agreement. This means the lawyer won’t charge you unless they win your case. They charge a percentage of the award you receive. If they don’t recover any money, you don’t owe them anything.Class action attorneys often have free consultations, so you don’t have to pay anything for an initial case evaluation. Contact a local class action attorney for answers to your class action lawsuit questions.
Additional Class Action Lawsuit Articles
- Common Types of Class Action Lawsuits
- What Legal Remedies Are Available for Successful Class Actions?
- The Phases of a Class Action Lawsuit
- How Class Action Lawsuits Can Change the Law
- Do I Have To Own Stock In The Company To Benefit From A Class Action?
- How many people are needed to bring a class action?
- The Advantages and Disadvantages of Class Action Lawsuits
- If I Have a Claim, Should I File My Own Lawsuit?
- Can I be bound by a settlement or judgment of a class action?
- Class Action Lawsuit Scams: How To Protect Yourself
- Class Action vs. Mass Tort: What’s the Difference?
- The Role of a Class Representative in a Class Action
- Understanding the Notice of Class Action Settlement: What You Need To Know