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You may already have heard about the popularity of filing class action lawsuits, but you’re not familiar with how these cases work in the legal industry. Primarily, a class action lawsuit refers to litigation in which many individuals can file a claim against businesses, medical organizations, credit bureaus, and many more.
Moreover, this legal remedy arises from the fact that this group of people is affected by the deliberate and willful violations of bigger companies and organizations. That’s why if a corporation has wronged you, you may have the option to join a pending lawsuit or file your own claim.
To help you decide whether a class action lawsuit is the right legal option for you, below are a few things you should know about.
You Should Know Your Options Very Well
When you join a class action lawsuit, this means that you’re qualified to receive some compensation. However, this also means a waiver to pursue a separate action. Because of this, it’s important to assess your options very carefully to know which one is right for you.
For example, if you believe you’ve sustained more injuries than the other members, then, you may opt to exclude yourself from a class action lawsuit. But, before doing this, you should consult a dedicated lawyer to have a better understanding of your options. And, in case you’ve decided to participate in a class action lawsuit, check https://www.sadakafirm.com/class-action-lawsuits/ for essential information.
You Need A Lawyer By Your Side
If you’re filing a class action lawsuit that involves injuries, then, you certainly need the help of an experienced lawyer to navigate the legal process. Since a class action lawsuit tackles complex legal matters, it should be handled by someone who knows what to do to represent such a type of case and provides positive results for all the members they represent. Typically, a good class action lawyer can determine whether you still have time to file a claim based on the applicable statute of limitations, as well as make sure that the defendant cannot escape liability by filing bankruptcy.
Thus, if you believe that a powerful corporate entity abuses your rights and those of other members, work with a legal professional to get the compensation and justice you rightfully deserve. Set an initial legal consultation with your lawyer so you’ll know what to expect from your case going forward.
The Number Of Plaintiffs Matters
In many states, for a lawsuit to be considered as a class action, it needs to be certified. Although you file the action as a proposed class action, it doesn’t become an official class action until the presiding judge gives it a class action status through a certification process. This is where several criteria come into play.
For example, one of the considerations that the judge will look into is the number of individuals joining the lawsuit. While there’s no definite number of people required for a class action lawsuit, it’s still best to have hundreds of plaintiffs to establish a solid case. That’s because the more persons involved in the suit, the more powerful you’re able to build the case’s essential merits. Generally, in many states, a group of 40 or more plaintiffs can be a good number to pursue a certified class action lawsuit.
The Claim Of The Class Members Should Involve Common Questions Of Law
Although the courts don’t usually require that all questions involved in a class action lawsuit must be common to all class members, it’s still important that individuals representing the rest of the members can show that at least one question of law is common to the class.
Also, aside from the existence of common claims, the class members should demonstrate the commonality of how their claims arose. For example, the individuals involved in a class action lawsuit are all victims of an allegedly fraudulent act or behavior of a business organization. Once you show such a commonality among the class members, then, it’ll be practical to handle all of their claims in a single suit.
You Might Only Receive A Small Amount Of Settlement
Ideally, the settlement offer for class action lawsuits may involve tens of millions of dollars. However, it doesn’t necessarily mean that all the plaintiffs will receive a large amount of settlement as compensation. Given the number of class members involved in a lawsuit, the settlement money when divided among the plaintiffs will result in extremely small amounts. The settlement offer shoulders not only that, but also the legal expenses incurred by the lead plaintiffs.
Indeed, class action lawsuits can be a great way for someone whose rights were violated to file a lawsuit against the at-fault party without needing to go through the complications of a single trial. However, just like other legal remedies, such a type of case comes with several considerations.
If you want to make sure that filing a class action suit is what’s best for your situation, keep the things mentioned above in mind to help you make an informed decision.