You may feel as if you are the only one in the world who got stuck with the car that has defects. As you sit in the hospital bed after your catastrophic accident, you wonder what went wrong on the roadways and how you will be able to recover. You know that a manufacturer is to blame for a defective part, but you aren’t sure how to move forward with a claim. Sometimes, you aren’t as alone as you once thought – because a class action lawsuit is right around the corner. But what is this option and how do they work?
Understanding Class Action Lawsuits
A class- action lawsuit takes place when multiple people, all part of the same large group, have suffered similar harm when it comes to an accident. You tend to see these cases pop up when a manufacturer has sold a defective product that tends to cause the same type of harm, and many people suffer because of it. A classic example is a vehicle part that doesn’t work. We’ve seen many cases pop up in the past where a defective airbag didn’t come out and, as a result, drivers had no protection in an accident. Another case would be defective brakes or a car that accelerates when it isn’t supposed to. As you can see, cases like these can become quite dangerous in a short amount of time. With many other people sharing the roadways, this could spell disaster.
Ever since the implementation of what is known as the ‘Class Action Fairness Act of 2005,’ it is now easier for class action lawsuits to automatically become federal court property. Has a defective product caused hazardous scenarios on the roadways and, as a result, you and many others have suffered? It may be a good idea to bring a claim through one of these specific lawsuits, as your chances of recovery may be greater than ever before.
Here are some things you should know, though: You can only bring a class action lawsuit if people have been injured in the same way due to the defective product. For instance, what if people used a defective drug and they all experienced different adverse side effects? They may believe that, because the drug didn’t work for them, they have a case. This is not true, though, if they all reacted differently and it wasn’t the fault of the drug. There is also a lead plaintiff in these cases, who are not permitted to have any type of conflict with other case members. The lead plaintiff will make their case so that others can follow suit, but should never attempt to split the damages unfairly.
Should I Or Shouldn’t I?
Luckily, you have the choice to go through with a class action lawsuit or not. If you choose not to be part of the case and want to bring your own claim, you can opt out. There is always the chance that the class action lawsuit will settle for less than you wanted, so that is something to think about. However, in other cases, it looks good to have many people on your side, which is an advantage in these cases. As you can see, there are many different aspects to think about.
You may be worried about how much settlement you’re going to obtain through your lawsuit, and that’s fine because it makes sense to worry about a case that means so much to you. You’ve been injured and you want the very best opportunity, which is why you may want to consider the class action lawsuit in your case. Call us at the Nye Law Group so we can help you as soon as possible with your claim. We are waiting to hear from you at 855-636-9277.