If I Have a Claim, Should I File My Own Lawsuit?

Whether you should file your lawsuit on your own depends on the nature of the suit and your individual circumstances. Some class action cases seek recovery for a large group of people. However, individual damages may be minor and not worth the time and expense of filing your own case. On the other hand, if you have a claim with substantial damages, such as a medical malpractice matter with extensive medical bills and other damages, consider an individual action.

Speaking with an experienced class action lawyer in your area can help. They can discuss your situation and guide you on your litigation path.

The Decision Whether to Join a Class Action or File Individually

The decision on what path to pursue when a company’s practices injure you or you suffer from a personal injury can be difficult. Two options for seeking justice include joining a class action or filing an individual court case. Whether to file a civil lawsuit individually or join a class action case depends on several factors.

Factors to Consider When Filing a Lawsuit

Several factors are critical when deciding which type of case to file for your civil court claim. They include the following:

• Extent of damages
• Cost considerations
• The level of a plaintiff’s control and involvement

Understanding the differences between an individual lawsuit and a class action will guide how the factors relate to your case.

Individual Lawsuit

In an individual lawsuit, there is only one plaintiff. The case follows the typical court rules for civil cases. The single plaintiff must pay the filing fee, complete the complaint form (or any other court forms), and ensure that the service of process occurs according to the rules of civil procedure of the particular federal or state court.

The plaintiff is responsible for working with the lawyer to cover court costs and attorney fees. A single plaintiff and their attorney handle all aspects of the case. When you sue someone and reach a settlement, the plaintiff approves the settlement. It’s enforceable without court approval.

Class Action Lawsuit

In a class action lawsuit, there is a large group of plaintiffs—the “class.” They share a similar grievance against a defendant. A class representative serves as the representative for the group. Before the case can proceed, it undergoes certification or authorization from the court to proceed. A representative plaintiff works with a class action attorney who will represent the entire class on a contingency fee basis.

The class action attorney will handle all court documents and other legal pleadings in the district court (or circuit court) for the case. Several plaintiffs can split the cost of paying court fees. Whether the case goes to a jury trial or results in a settlement, the most common result is that the outcome is binding on all parties. The court must approve any settlement.

Benefits of Joining a Class Action

In most class action cases, the individual harm is typically minimal. In such cases, it would cost too much for an individual to bring the claim to court. However, there is strength in numbers. Opting to join a class action means you join thousands of other claimants impacted by the same issue.

The primary benefits include joining others in a large, powerful lawsuit, which can pressure defendants and bring about change.

Each individual will experience a lower cost to pursue the case because the legal fees and court costs are spread across all class members. Class actions provide a simplified legal process for individuals. It allows individuals to pursue legal action without managing their lawsuits.

Drawbacks of Individual Lawsuits

Individual lawsuits can be expensive and time-consuming, which are the major drawbacks of lawsuits. You will likely need legal counsel unless you have a small claims case under state law that you can handle pro se (without an attorney).

In some cases, it makes sense to file an individual suit. For example, if you are in a car accident and suffer from severe injuries, you may want to file an individual lawsuit. If you expect compensation from an insurance claim or your insurance company will pay your legal fees, it makes sense to file an individual lawsuit. It all depends on your circumstances.

Making an Informed Decision on a Legal Action

Understanding the differences between the types of civil cases will help you determine which to pursue for your injury claim. It’s best to discuss your case with an experienced attorney who can analyze the legal issues in your case and provide legal help. Speak with an experienced class action attorney in your area. They can provide legal advice about both class action and individual cases, including personal injury cases.