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What Is A Class Action Lawsuit?
In simple terms, a class action lawsuit is a large-scale lawsuit that involves hundreds if not thousands of plaintiff. In this case, a large group of people file legal action against a defendant after experiencing similar harm as a result of the defendant’s actions.
A class action is usually the best way for suing a defendant if there are too many complainants to include in a typical personal injury lawsuit. A few representatives file the case and conduct the litigation while the other plaintiffs are notified of the proceedings. At the end of the case, if the lead plaintiff wins, everyone who did not opt out is notified on how to receive their share of compensation.
The biggest advantage of class action lawsuits in consumer cases is that they tend to aggregate claims that may be too small to justify pursuing individual legal action. Filing a single class action lawsuit is efficient and cost-effective because it helps plaintiffs avoid individual lawsuits that involve the same facts and circumstances.
Working with experienced class action attorneys is the only way of ensuring everything goes according to plan, and the aggrieved parties receive the compensation they deserve.
How Do Class Action Lawsuits Work?
In a standard class action lawsuit, a group of plaintiffs is usually represented by one or more lead plaintiffs. In this case, the injuries suffered by the lead plaintiff (representative) must be similar to the injuries sustained by the other complainants in the class. Otherwise, the lead plaintiff may not be qualified to represent the other members.
Before a class action lawsuit proceeds, the “class” must be certified by a judge. This is the most critical step of the process. In some states, the court will initiate the certification process while in others; the lead plaintiff will be required to file a motion to have the class certified.
The requirements for certification may also vary from state to state, but most states follow the same broad requirements. Typically, for a class to be certified, the plaintiffs must prove the following:
- The lead plaintiff (representative) has suffered the same injuries or harms as other members of the class.
- The class can be clearly defined to establish who is and isn’t a member.
- A standard set of facts or legal interests underlie all of the class members’ alleged injuries
- The number of class members is high enough to make the filing of individual personal injury lawsuits impractical. In most states, 40 or more is considered high enough, but anything below 21 may be rejected.
- The lead plaintiff’s claims are so similar to the claims of the other class members such that litigating the lead plaintiff’s case will most likely decide the fate of the other absent members as well.
- A class action lawsuit is the most effective and efficient way of resolving the claims either for the defendant (s) or plaintiffs.
Once a judge has certified the class, all class members are notified of the lawsuit by mail or any other means of communication. Qualified members are automatically included in the lawsuit unless they choose to opt-out. Anyone who wishes to withdraw from the class must follow a specific procedure. Failure to do so, they remain part of the class and subject to the case outcome.
Contact Us Today for More Information
Navigating class action lawsuits can be a complicated process for anyone without a solid legal background. Therefore, if you are thinking of filing or joining a class action lawsuit, then you need an experienced attorney by your side.
At Legal Giant, we help you find experienced class action attorneys dedicated to helping you get the right compensation you deserve. Most of our attorneys handle consumer class actions on a contingency fee basis, meaning that if they don’t succeed in getting a settlement, you owe them nothing. Furthermore, the initial consultation is free. Talk to us today and let us help you get started with your class action lawsuit.
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What Type of Case Do You Need Help With?
Types of Class Actions
Hernia Mesh Lawsuits
Hernia mesh surgery is among the most common types of surgeries in the United States. Different types of medical products are usually used for surgical hernia treatment, including plugs and patches. If you or your loved one has suffered injuries after undergoing hernia repair, then you may be entitled to compensation.
Mesothelioma is a rare but aggressive form of cancer that usually develops in the linings of the abdomen, heart, lungs. Exposure to asbestos is the only known cause of this type of cancer. Patients with Mesothelioma cancer live for between 12-21 months after diagnosis. Approximately 3,000 new cases of Mesothelioma are diagnosed in the United States each year. Therefore, if you believe you have suffered an unfair exposure to asbestos, you qualify to join a Mesothelioma class action lawsuit.
Zantac, a popular prescription and over-the-counter heartburn medication, is known to contain unsafe levels of the cancer-causing element; N-Nitrosodimethylamine (NDMA). The FDA issued an advisory after discovering carcinogenic substance NDMA in ranitidine which is the active ingredient in Zantac. If you or your loved one were diagnosed with cancer after taking Zantac, then you qualify to be a member of the Zantac class action lawsuit.
How Can Class Action Attorneys Help?
The truth is that litigating class action lawsuits is a complicated process. You will need someone who understands the full range of consumer protection laws and how they apply in different circumstances. This is where class action attorneys come into play.
They have experience in handling class action lawsuits, class action litigation and complying with all state and federal rules and specific requirements that apply to bring a class action lawsuit to a court. You will need someone to hold your hand throughout the process, and that person can only be an experienced class action attorney.