Class action lawsuits are the way to go when going against a powerful defendant. Learn what a class action case is about, and the role of class action lawyers.
According to a report, Americans file over 40 million lawsuits every year. When someone causes you some harm due to their negligent actions, you can file an individual claim against them. An experienced attorney will help you with all you need to file the necessary legal claims. These individual lawsuits or claims, when successful, will help you get adequate compensation for your personal injuries.
Sometimes, however, filing claims against some defendants on an individual basis may be challenging to do. For example, it’s easy to feel intimidated when the defendant in your individual claim is a big company. Again, it may be a substantial financial risk to file a claim when you’ll likely receive significantly disadvantaged very little compensation.
Fortunately, however, you can overcome those hurdles through class action litigation. Class action settlements/lawsuits ensure that you hold the big companies accountable for their negligence regardless of the challenges above. With reputable class action attorneys‘ help, you can be sure to get compensation for your injuries without feeling intimidated.
Does My Case Qualify as a Class Action Claim?
Investopedia defines class action claims as “a legal proceeding in which one or several plaintiffs bring a lawsuit on behalf of a larger group, known as the class”. Unlike individual claims, class actions involve lots of claimants pursuing legal actions against the same defendants. That is, instead of one person filing an individual lawsuit, a class of people come together to take the same legal action against specific defendants. This happens when the defendant’s wrongful conduct negatively affects many people in the same way.
For example, a pharmaceutical company may produce a dangerous drug in large quantities. Consequently, when thousands of people purchase such defective drugs, they may react adversely to them. Instead of each victim filing similar legal actions against the same pharmaceutical company, they can decide to merge their claims into one.
That way, they can take advantage of their strength in numbers to file a lawsuit against a formidable defendant. In class action lawsuits or claims, selected class representatives file a personal injury lawsuit on behalf of many others with similar claims.
To be qualified to file a class action claim, the action must meet the conditions set by Procedure 23 of the Federal Rule of Civil Procedure. They are:
- The Class Action Litigators Must Be Numerous: The claimants in a class action case must be so many that joinder would be impossible.
- The Class Representatives Claims Must Be Similar to the Claims of the Rest of the Class: No class member should have a different claim from the rest.
- The Class Representatives Must Adequately Protect the Interest of the Rest of the Class: Every class member must have their interests fully represented like it would if they were filing individual claims.
- Questions of Law or Facts in the Case Must Be Common to All: Every individual case must be similar to the rest on all fours.
What Are the Benefits of Filing Class Action Lawsuits?
There are several reasons why filing a class action lawsuit offers more advantages to the claimants than individual lawsuits. Some of them are:
- You Save Costs of Litigation
Many times, potential claimants refuse to fight for justice because of the high costs of litigation. From paying personal injury attorneys to footing many other bills, the financial burden of a lawsuit may be too much to handle. Fortunately, with class actions, that is no longer the case. Instead, in class action lawsuits, claimants share the financial burden among themselves.
- Class Action Matters Make the Legal Process and System More Efficient
Hearing the same cases multiple times can be time-wasting. It can also weaken the legal system and make it less efficient. By merging similar cases into one, the courts can attend to multiple claimants at the same time. That makes for increased judicial efficiency.
- Class Action Litigators Can Get Justice for Small Injuries Without Hassles
Apart from financial considerations, claimants may refuse to file a lawsuit if their injuries are minor. That way, many negligent companies get away with their wrongful conduct. Fortunately, class action litigation helps to prevent that. Moreover, with collective actions, the injuries, no matter how small, become substantial on the aggregate. As such, claimants become more confident in suing for compensation.
- Late-Filing Claimants Can Still Get Adequate Compensation
When individuals file for compensation from the same defendants, the claimants who file much later are significantly disadvantaged. That’s because the funds for payment are usually limited. As such, the early-filing claimants get access to the bulk sum to the detriment of the others. With class action litigation, however, that is not the case. In a collective action, the courts will consider the needs of all the claimants and give appropriate compensation for all of them.
Common Types of Class Action Claims
Like with individual claims and lawsuits, there are many types of class action claims people can pursue. The most common ones are:
- Product Liability Claims/Personal Injury Class Action
Most class action claims and lawsuits bother on product liability claims. This arises when a company manufactures defective products that cause harm to customers. In extreme cases, such products cause devastating life-long medical conditions and even cause the death of the consumers. In such cases, the claimants come together to sue the manufacturers for negligently producing harmful products.
- Consumer Class Actions
In consumer class actions, a company causes financial injuries to the claimants. That’s usually because the company performed operations unethically and illegally. For example, the company may have engaged in false advertising or disregarded relevant consumer protection laws. In some cases, the company may have included hidden charges on bills or charged penalties without the customers’ knowledge. When these happen, the affected customers can come together to file a class-action lawsuit.
- Securities Fraud and Investment Claims
Investment frauds are pretty common in today’s world. Like in consumer class actions, many securities fraud cases are a result of false advertising. This happens when a company dubiously misrepresents essential information to persuade investors to make decisions favorable to them. It is a form of white-collar fraud. Usually, the investors find that they were misled after they’ve lost vast sums of money. In such cases, the affected investors can come together to file a lawsuit against the fraudulent companies.
- Employment Claims
There are many reasons why employees in a company can come together to file lawsuits against their employer. It could be due to discriminatory practices, refusal to pay overtime, neglecting to provide safe working environments for employees, etc. Whenever a company violates labor laws or codes, the employees can seek redress through a class-action lawsuit.
Contact an Experienced Class Action Lawyer Immediately!
If you’ve suffered injustice in the hands of a big company, your best option may be class action litigation. That way, you’ll join thousands of people in a collective action to get ample compensation for your injuries. However, because of the complexity of class action, you’ll need the help of qualified class action attorneys for a successful claim.
Our class action lawyers at the Porter Firm will ensure that all your needs are a top priority. Our track record of recovering ample compensation sums for all our class action litigators speaks for us. In addition, with over 50 years of combined litigation and trial experience, we offer you the best quality legal services other law firms can’t afford. So contact us today for your class action claims.
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