Posted on behalf of The Nye Law Group on May 05, 2017 in Class Actions
When a lot of people suffer similar injuries because of a defective product or due to negligence or illegal actions, they can file one lawsuit as a group to recover compensation for damages. This is known as a class action lawsuit.
There are several things you should know about class action lawsuits, from the different types to the advantages and the legal procedures for these claims:
Class actions can be filed over many other defective products. There are also claims involving:
One of the advantages of a class action lawsuit is that it consolidates attorneys, witnesses and evidence, giving the case a higher chance of success than an individual personal injury lawsuit.
It is also much more cost-effective for you to join a class action than to pursue a lawsuit on your own, particularly if the injuries you suffered were relatively minor. Lawsuits are expensive and it is much easier to justify the expense of a group of small claims than it is to justify the expense of one lawsuit over a minor injury.
Another problem with individual lawsuits is that if too many plaintiffs were to file claims, the defendant could go bankrupt before anyone has a chance to recover compensation.
The first step in a class action case is called class certification, where the court determines if the claim is valid. If the case is certified, it will move toward a trial.
If you are not already part of the lawsuit, but you would be affected by the outcome, you are entitled to notification. The court will order attorneys for the plaintiffs to make reasonable attempts to notify you through advertisements on television and in magazines and newspapers.
In some cases, you will have to opt in to be part of the lawsuit. In other cases, you will be opted in automatically.
A trial will take place unless both sides agree on a settlement. If the court approves the settlement, it will issue an order demanding notification of all class action members and others affected by the resolution of the case.
If you opted in, you will receive notification of the terms of the settlement along with your options for claiming your portion of compensation.
The plan of distribution governs the distribution of the money from the settlement. The plan is developed by the judge and the attorneys for both sides. Members of the class will receive a percentage of the total amount of compensation or a specific dollar amount.
In some cases, the attorneys will seek permission for an in-depth review of each participant's claim to tailor the amount of compensation to the value of each claim.
The experienced class action attorneys at the Nye Law Group know how to build a strong case that can help you recover compensation in a class action.
We offer a free, no obligation consultation and do not charge legal fees unless we recover fair compensation for the damages you have suffered.