When a lot of people suffer similar injuries or losses, many of them can’t afford to pursue a claim on their own. In some cases, a significant number of the victims may not even know that they have a right to file a claim. It may take a lot of convincing from an experienced class action attorney to get them to join a class-action lawsuit.
In a typical class action lawsuit, victims of similar wrongs come together to fight for their rights and fair compensation. Class-action lawsuits are about strength in numbers. When the victims come together to pursue compensation as a group, it decreases the individual burden significantly while increasing the shared chance of success.
In this post, we discuss what it takes for a class action attorney to determine whether a case can be pursued and how the class members can benefit. Read on to find out everything you need to know.
Determining Whether a Class Action Can Be Pursued
In a class-action lawsuit, an attorney will decide to represent certain named class members on behalf of other class members, who may have to be bound by the outcome of the litigation process.
In deciding representation, attorneys will look to Rule 23(a) from the Federal Rules of Civil Procedures. According to that rule, a class action requires four conditions for class treatment:
- Numerosity
- Commonality
- Typicality
- Fair and Adequate Representation
Before a lawsuit is classified as a class action, these are questions that should be kept in mind
a) Is There a Serious Wrong?
Typically, class actions are long and demanding. Therefore, the class members must have a strong chance of success from the onset of the case. A class action attorney will analyze a potential lawsuit vigorously to determine whether it is a serious wrong that has a relatively high chance of success.
b) Is There a Significant Amount of Bodily and Economic Damage?
Class actions are usually resource-intensive and quite expensive to run from the start to the end.
Before proceeding to file a class action, your lawyer must be satisfied that the class members suffered significant injuries or losses, and the possible compensation amount will benefit members and won’t just cover attorney fees.
Keep in mind that the ultimate goal is to accord the victims a fair compensation.
c) Is There a Prospect of Recovering Damages?
There is no point in running and sticking to a class action lawsuit worth millions of dollars if the defendant doesn’t have sufficient resources to pay compensation.
Before your attorney proceeds to file a class-action lawsuit against the defendant, he/she will assess the company’s financial situation and the possibility of recovering full damages for the victims should the presiding judge rule in their favor.
What Are the Benefits of Class Action Lawsuits?
So, how can you benefit from a class-action lawsuit? Let us find out:
1. Minor Damage Benefits
While minor damages/wrongs may not seem worthy of time, money, and other resources, joining a class action can still help you find the justice you deserve. Even if you have suffered minor damages or injuries from a company’s negligence, you deserve fair compensation.
A class-action lawsuit brings together a group of people who have suffered similar injuries, and together you can form a strong case. This allows you to pursue financial compensation even in cases where you thought it was impossible.
Furthermore, hiring an experienced attorney for your lone damage against a multinational company might not make sense financially. However, being one of the class members in a class-action lawsuit fractionalizes the cost compared to filing a lawsuit on your own.
In a class-action lawsuit, the court will still hear your pleas regardless of how small your damages/losses may be. If the defendant is found guilty, the court will calculate appropriate compensation, and you can be sure that you will receive what you deserve.
2. A Higher Degree of Uniformity
All plaintiffs in a class lawsuit share similar losses and damages. Therefore, you will be interacting with people who have suffered the same way as you. Technically, it means that you can interact with them freely and share your experiences.
At the end of the trial, you will be even happier because you know that a significant number of people who suffered the same way you did have found justice.
3. Class Action Lawsuits Are Efficient
Another significant benefit of class action lawsuits is their efficiency for presiding judges. Since a class action combines many claims into one, it becomes easier for the judge to listen to the complaints keenly without being under pressure of hurrying things up to move to the next case.
This makes the entire process quite smooth and quick for all parties involved in the case. In a typical class action suit, all class members will be represented by the lead plaintiff. He/she will also work alongside the lawyer during litigation and communicate updates back to the other class members.
The lead plaintiff allows the other class members to play a relatively passive role throughout the process. This is good and efficient for the lead attorney because he/she will only have one person to communicate with throughout the litigation.
4. Litigation Benefits
As mentioned early, when you pursue litigation as part of a class-action lawsuit, it will not cost you as much as it would if you decide to file an individual claim. This is because all the plaintiffs in a class-action lawsuit split the attorney fees and other costs equally.
This not only helps to cut costs but also allows the plaintiffs to go for a knowledgeable and experienced class action attorney. Some attorneys will also agree to handle the case on a contingency fee basis. This means that you won’t pay any fees unless the attorney wins the case.
Regardless of how small the individual claims are, a class action lawsuit ensures that all victims get the justice they deserve and recover compensation for damages suffered. Class action lawsuits help affected individuals avoid the risk of taking on hefty legal fees while seeking justice.
Talk To a Class Action Attorney Today To Learn More
If you believe you have a class action claim, contact us today. Let us connect you with a knowledgeable and experienced class action lawyer who will evaluate your case and advise you accordingly.
We are here to help you understand your legal options for pursuing compensation and how you can manage the different aspects of your case. Contact us today and let us get started!
