What is a class-action lawsuit? If you have been wronged, can a class-action lawsuit help you'A class-action lawsuit is one in which a single law firm or attorney represents a group of individuals who have been wronged in some common way.
The wrong may have come in the form of physical harm from a commercial product or perhaps in the form of financial harm done by a company misleading the public in some way. In the early 1990's, class-action lawsuits were filed on behalf of women allegedly harmed by silicone breast implants, and now attorneys are filing class-action suits on behalf of people allegedly harmed through the use of Vioxx and Bextra.
There are advantages and disadvantages to class-action suits. The primary advantage is that they allow a group of people, perhaps numbering in the thousands, an opportunity to have their case heard in court without each of them having to file a separate lawsuit.
If thousands, or even tens of thousands, of people filed individual lawsuits against the same company for the same reason, the courts, both at the Federal and state levels, could become hopelessly clogged with nearly identical cases. Another advantage is that it allows people who may not have individually suffered enough harm to justify a lawsuit by themselves to seek compensation as a group, or “class” where the harm committed is cumulatively large.
The courts decide whether or not a case is to be heard as a class-action suit, as the court must decide if the merits of the case justify handling the suit in that way, and whether or not the attorney or law firm in question can adequately represent the victims involved.
Should the case proceed as a class-action suit, only one or two representatives of the class need appear in court. They will represent the class; it is not necessary for all members of the class to be present at trial.Once the case is certified as a class-action lawsuit, all parties representing the “class” are notified by their attorney either via mail or public notice.
They then have the opportunity to “opt out”, should they not wish to be represented in the case by the attorneys in question. Unless the notified individuals opt out, they are included and will share in the award, should the lawsuit proceed to a successful conclusion.
Individuals who choose to opt out may then elect to hire their own representation and perhaps file a lawsuit on their own.Class action lawsuits typically take several years to reach their conclusion, particularly if the suit is followed by appeals by the losing party. It is not uncommon, however, for class action lawsuits to be settled out of court.As always, should you find yourself in a situation where a lawsuit might be warranted, be sure to consult with a qualified attorney.
Insurance Class Action Lawsuit
Thousands if not millions of claims might flood the court system without the ability to file together in a class action lawsuit. Filing together in a class action suit not only allows for the courts to be less burdened, but it also encourages corporate defendants to behave in a more responsible behavior.
A class action lawsuit is a lawsuit filed by one or more plaintiffs, who are also known as the "named plaintiffs", on behalf of others who have a similar legal claim. A class action lawsuit allows individuals to join together as a group and all file one lawsuit against a common defendant. These type of lawsuits also allow for attorneys fees and all other costs of litigation to be shared among all plaintiffs, instead of one or a few individuals having to pay the cost, which can be a great deal of money, all alone. Class action lawsuits are an important legal right for all consumers, and are a very important part of our judicial system and its ability to function efficiently. Thousands if not millions of claims might flood the court system without the ability to file together in a class action lawsuit. Filing together in a class action suit not only allows for the courts to be less burdened, but it also encourages corporate defendants to behave in a more responsible behavior.
There are 12 Steps of a Class Action Lawsuit
Filing - Case Initiated - A complaint is filed by the attorney(s) on behalf of the plaintiff(s).
Response - The defendant(s) respond(s) with an answer, motion to dismiss or other legal pleading.
Discovery - Both sides disclose evidence to each other that supports their respective cases.
Certification Request - Plaintiff(s) file(s) a motion to certify the case as a class action.
Certification Opposed - Defendant(s) file(s) opposing briefs to the plaintiff(s) motion for class certification.
Class Action Certification - Judge certifies or denies the class action (if the judge denies, the case can continue as individual lawsuit(s) filed by the plaintiff(s).
Notification - If certified, notification of class action to prospective claimants, who must choose whether to stay in the case or file their own individual case.
Trial - Case is either set for trial, in trial, or has been tried before a judge or jury.
Appeal - A judgment of the trial court has been appealed to a higher level court.
Settlement Phase - Deadline is set for class action members to submit claims with supporting documentation.
Pay Out - Proceeds are distributed to class members.
Dismissed - A case can be dismissed at any point during the ten-stage process. This is not actually a stage, but the end of the process. This means that the case has terminated, at least for now, without the plaintiffs receiving any relief. The plaintiffs may have voluntarily dismissed the case, or the court may have ordered the case to be dismissed. Depending on the circumstances, the plaintiff may be able to file the action again later.
NOTE: The steps outlined above are only meant as a general guide, and may not be applicable to all class action cases. Some class actions will proceed to trial when settlement between the parties cannot be reached.
Both Charles Essmeier & B Baker are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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