Feel that you have the complete precedent to launch a class action lawsuit? That’s great! Clarity in this regard, along with a strong sense of justice, is quite rare in many. However, not every case has what it takes to be tried as a class action!
As with anything on the legal side of life, the class action lawsuit requires intense study, effort, and skill to successfully attempt. Winning one is contingent on the strength of the case, evidence, and of course, the professional legal support. To understand what a Class Action indicates, read on and learn more.
What Is A “Class Action”?
If a litigation attempt involves the collective claim of many plaintiffs together, against a single large defendant. This suit is filed on the behalf of many plaintiffs by a representative, usually a lawyer who will try the case in court.
However, simply the presence of many plaintiffs does not guarantee a class action. Courts only certify proposed class actions if…
- Multiple individual lawsuits are impractical due to the number of plaintiffs.
- Claims made by the multiple individuals are largely common.
- The lawyer representing the class will work to protect the interests of the class.
A proper class action lawsuit can only begin if these conditions are effectively met!
Can Anyone Join a Class Action?
Naturally, for an individual to become a part of the class action, they must actually be wronged by the defendant in a similar manner the other plaintiffs have been harmed. Lawyers usually may make an attempt to reach out to potential plaintiffs – notifying them via direct connection or a mass newspaper advert.
In an alternate scenario, some class actions may include all members of the class by default, while others require active interest to join in. No matter the type of action, the autonomy of whether to join or not is squarely with the individual.
What Rights Are the Plaintiffs Given?
The point of any legal proceeding is not just plain justice, but also damages and compensation. A plaintiff who joins a class action thus does so due to the potential portion of the settlement. In fact, any member of a class action lawsuit gives up their right to sue individually for the same issue! Beyond this, plaintiffs can also challenge the proposed settlement, along with demanding updates from the representative.
Conclusion (Choosing Correctly)
A class action lawsuit requires the best of legal expertise. When the collective voice of potentially hundreds of individuals must be conveyed, the trying lawyer must have the necessary skills, dedication, and empathy to succeed.
