A class action is a type of lawsuit filed by a group for damages against a defendant. The primary difference between class action suits and individual lawsuits is in a class-action suit, one group or class of plaintiffs file the suit against the defendant. Legal counsel represents the group rather than individuals. Class-action suits allow individuals who don't have the financial means to file a lawsuit against a negligent party or parties to seek justice for damages.
What Constitutes A Class-Action Suit Filing?
Federal Rules of Civil Procedure Rule 23 constitutes what qualifies as a class-action lawsuit. A suit may be filed under the following circumstances:
- Individual lawsuits would be difficult to hold the defendant accountable
- A large group of plaintiffs makes individual lawsuits impractical
- The experiences of one or more plaintiffs are representative of the group
Class-action suits may be instituted due to injuries from products that are defective. Lawsuits may be filed due to issues in the workplace. Whenever a large group of people is harmed as the result of actions of the same party, a class-action suit may be the best course.
Compensation in Class-Action Suits
When a person has suffered an injury, they may not file suit against the responsible party since the compensation may be small. However, when a group files a lawsuit against a corporation for damages, the compensation can be significant. In many cases, class action lawsuits are the only way to ensure that defendants pay for their wrongdoing.
Class Action Lawsuits:
- Avoid repeat trials for a procedure
- Eliminate inconsistent instructions for defendants
- Ensure competent representation for plaintiffs
- Ensure equal payments among plaintiffs
- Help to gain more impact
- Save plaintiffs court costs by sharing expenses
When a group has been damaged by the negligence of a corporation, filing individual suits means that witness testimony must be repeated at each trial. Depending on the court, different rulings may mean that the defendant or defendants may not have clear instructions on handling their conduct in the future. A class-action suit can ensure that all the plaintiffs in the case receive compensation, not just those who file claims first.
How Do Class-Action Suits Proceed?
A class-action suit combines the individual claims against a defendant into one case that makes the process more efficient for all parties. Rather than filing separate lawsuits, one judge presides over the trial and hears the testimony of all the plaintiffs. In class-action suits, the court usually assigns one person to be the lead plaintiff and work with the attorney representing the group. In some cases, the lead plaintiff is the first person to file a lawsuit. However, in cases in which there are thousands of plaintiffs, a group may be selected to be the lead plaintiff. All members of the group share information, but the attorney works with the lead plaintiff during the procedure.
The Role of the Attorney in Class-Action Lawsuits
A lead counsel usually represents the plaintiffs in a class-action lawsuit, but each person has the option of selecting an attorney to represent them. When an attorney is contacted about a lawsuit, they determine how many people have been affected and if additional lawsuits against the defendant have been filed. The attorney must know what the statute of limitations is for filing a class-action suit.
The attorney will gather the facts and determine if the plaintiff should file an individual or class-action lawsuit. Research is done by the legal team about previous rulings on similar cases. The attorney files a complaint in court describing all the facts of the case and the damages that are being sought by the plaintiffs. The class of individuals must be described in the complaint. For example, the complaint may be filed for a group living in one state or a group that attended an event. When an attorney files a complaint, it's a proposed class action and becomes a class-action lawsuit when a judge delivers a ruling.
