Class-Action Lawsuits

Last updated June 11, 2024

It can be daunting to file a lawsuit as the only plaintiff. You may be going up against a massive company with limitless resources. However, if other people have similar claims, you may not have to do it alone. A class-action lawsuit allows multiple people to join as plaintiffs in a case involving the same issues.  

This article provides an overview of class-action cases. If you are suffering from injuries caused by someone else’s negligence, an experienced class-action lawyer will be able to assess the case, offer legal advice, and determine if a class-action lawsuit is the best option. 

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. In a class action, every claimant on the plaintiff’s side will get a share of any class-action settlements or judgment.

Some class actions have tens of thousands of plaintiffs. After a hearing on class certification, anyone who bought or used a product could be a member of the class. 

Class-action cases can settle or go to trial. Depending on the type of case and size of the proposed class, each class member could receive anywhere from a few dollars to thousands of dollars. Class members can elect to take part in the settlement through a settlement notice. 

Many class actions involve hundreds of plaintiffs who have suffered substantial injuries. For example, thousands of people suffered serious side effects from taking a prescription drug or were hurt while driving a car with a defective part. In these cases, there would be one trial or settlement for all the plaintiffs, and the award would be split into shares for all the plaintiffs.  

There are countless examples of class-action lawsuits in American federal courts and state courts. These include:

More recently, we have seen all the actions related to data breaches and the Telephone Consumer Protection Act (TCPA). 

How Does a Class-Action Suit Work?

Class-action litigation starts with one person, or a small group of people, filing a lawsuit. This person or group is usually called the lead plaintiff or the class representative. The lead plaintiff files the lawsuit, works directly with their lawyer on the case, participates the most in the trial, and accepts or rejects any settlement offers.

If other people suffer harm in the same way under the same circumstances as the original plaintiff, the case may qualify as a class-action suit. A judge must decide if the case warrants class-action status, which the lead plaintiff must prove.

If the judge certifies the case as a class action, everyone in the same class will qualify as additional plaintiffs. Other class members who become part of the plaintiff side will be bound to the case’s outcome and unable to file their own lawsuits later on.

So, if your boss is routinely violating labor laws like not paying overtime to nonexempt employees, you may be able to take legal action. You could choose to file the lawsuit and present the case to a judge for certification as a class-action suit. Once the court certifies the case, all of your coworkers denied overtime become additional plaintiffs.

How Do I Join a Class-Action Suit?

Usually, if you qualify for a class-action lawsuit, you join automatically. Most people who qualify to join the class action will get a notice, which may arrive by mail. The notice will also go out to a wider audience through television commercials or newspaper ads to find unknown people.

However, not everyone who qualifies for a class action may want to participate. You may want to have more control over whether you agree to a settlement. 

When that happens, you must actively opt-out to no longer be part of the case. The notice should provide information on how to opt out, but if it doesn’t, you should contact the lead plaintiff or their attorney to find out how to withdraw. This is typically as simple as writing a letter to the attorney saying you want to opt out.

If you opt out of class action and the suit gets a favorable judgment or settlement, you won’t qualify for any of that compensation.

Do I Need To Do Anything After Joining?

If you’re not the lead plaintiff, you have no obligations during the case. It may be helpful, however, to contact the lawyer to provide additional evidence or testimony to strengthen the case. Contacting the attorney can also help ensure you get notice of any compensation you qualify for, as you may be able to get a direct notice and not just a public one.

If you don’t want to participate in the trial or contact the attorney, you don’t have to. But to get part of the settlement, you’ll need to look for a direct notice or a public notice to find out how to claim your share.

That’s one benefit of a class-action lawsuit: You don’t have to participate in the trial if you don’t want to, but you could still get compensation.

How Can a Class-Action Lawyer Help?

Many class-action attorneys work on a contingency. This means instead of paying upfront for their services, they only get paid if you win. Their fees will be a percentage of the award you receive.

If you have questions about class-action lawsuits, think you may have been the victim of negligence that seems suitable for a class-action lawsuit, or are wondering if you are eligible for an existing class-action lawsuit, contact an experienced class-action lawyer. 

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