What Is A Class Action Lawsuit And How Do I Get Involved?
Brian O Sutter
Personal Injury
Class action is a word we hear thrown around a lot, not only in the presence of legal counsel but we hear and read it in the media all the time. So what is a class action lawsuit and why is it different than other lawsuits? I have a problem with a company or product should I look into class action? All valid and possibly confusing questions an attorney can help answer for you. What Is A Class Action Lawsuit?
A class action lawsuit is when a plaintiff sues a defendant on behalf of a group of people, simply put. This is different than a standard lawsuit where one party sues another. When we hear about class action in the media is it often, though not always, in regards to a company versus many wronged parties. The most common theme is when each of the people in the group have been injured by the defendant in the same way. For example a faulty part in a toy or car that has malfunctioned and caused injury the same way leads to a class action suit against the manufacturer.
Almost all of these cases will start off with one of the injured parties and an accident or injury lawyer. Then, as your attorneys, we look for similarities to cases and can make the decisions how many plaintiff there might be for this same defendant and in what nature. Sometimes if you see a class action suit in progress you may also come forward with your experience but most frequently these similarities are found by the accident attorneys.
Class Action Costs
Different from your standard lawsuit where you would be the only recipient of any settlement or compensations, a class action lawsuit has multiple victims and therefore settlements and compensations are split to the whole group. However, the advantages to having a group of people fighting the same fight may outweigh any concern of splitting compensation. First of all, the litigation itself will cost less than if you got an injury lawyer to yourself. Secondly, this shared expense can also give fuel to a case that wouldn't burn on its own. If maybe each individual saw their case as too small to stand up in court, once they are all put together it has much more strength. Finally, the class action suit is regulated by law so the compensation is spread fairly to the plaintiffs and not favorable to those who filed their cases first.
Criticisms Of Class Action Lawsuits
With anything there are critics of the class action lawsuit. When involved in a class action suit with a large number of plaintiffs there have been cases where the compensation is so small it becomes a waste of money to pay lawyer fees. There have even been cases where plaintiffs receive a 'coupon settlement' rewarding them a coupon for services from the same defendant they were unhappy with in the first place. Weighing out the best options during a consultation with a lawyer is a smart option especially if what you think could become a class action suit involves a personal injury.