Q. What is the description of a class action lawsuit?
A. The class action lawsuit is a legal suit that has many individuals that have the same or similar injury that was caused by the same product or service, which sue the defendant as a group. When the lawsuit is won the class action lawsuit recovery will be divided among the individuals according to the amount each person lost.
Q. Do all lawsuits qualify to be class action lawsuits?
A. Not all legal claims can be a class action lawsuit. The class action lawsuit is individuals that were injured by the same service, conduct or product. The class action lawsuit will include consumer fraud, substantial accidents, corporate misconduct, security fraud, illegal employment practices and environmental torts.
Q. Why be involved in a class action lawsuit instead of a regular lawsuit?
A. Bringing an individual lawsuit against a manufacturer, corporation or retailer is complex and expensive for a single individual. The class action lawsuit involves a group of people that have been harmed and this is a more efficient way to bring a legal suit. The judge will then determine who wins the lawsuit and if the class action suit wins the amount of recovery will be divided among the plaintiff’s in the class action lawsuit.
Q. Does the individual recover more money when joining a class action suit?
A. The individual lawsuit has the potential for a larger recovery and is on a first come basis, but it is also a more expensive undertaking. The class action plaintiff’s will receive a part of a common fund that is awarded and will be proportionate to what the individual lost.
Q. Will the attorney keep me informed when a part of a class action suit?
A. The attorney will keep you informed by mail usually, unless you are the lead or named plaintiff. The attorney will stay in contact with the lead or named plaintiff as the case progresses.
Q. What happens if more than one legal firm files class action lawsuits for the same claim—will I need to join all of the class action suits?
A. If more than one class action suit has been filed for individuals that have been injured or harmed by the same defendant it is not necessary to join all of the suits. The individual is not allowed to join more than one suit and the class action suits will be consolidated.
Q. What does it mean to opt out of a class action lawsuit and should I do it?
A. the individual that has suffered a great loss and has a strong case against the defendant might want to opt out of a class action lawsuit. This individual will need to be financially and emotionally prepared when pursuing this type of lawsuit alone. Another reason to opt out of the class action lawsuit is if your injury was much different from the other plaintiff’s involved in the class action suit. The best way to know whether to opt out of a class action is to speak with a class action attorney, who will be able to explain your best options to hold the defendant responsible for their negligence and seeking a judgment.
Q. What steps should be taken after receiving notice as a potential class action lawsuit member?
A. Receiving a notice will explain in detail what the defendant did or sold that caused you and other individuals to be injured. This notice will explain your rights whether you decide to become a member of the class action lawsuit or if you decide to opt out. This notice will name the attorneys that have filed the class action lawsuit and that will represent the group. After receiving this notice you can speak with your attorney or the attorney named that has filed the class action lawsuit.