Everything You Need To Know About Class Action Lawsuits
July 11, 2024 | Mass Tort
Class action lawsuits are an effective way to hold negligent parties responsible for their actions. In fact, class action lawsuits are one of the most powerful tools in the legal system to obtain justice for those injured by a party’s negligence. However, due to scrutiny of class action suits in the press, confusion exists about how these cases work and what they are designed to accomplish. An experienced Pennsylvania class action attorney can help you understand what your rights are.
Despite concerns some have about class action settlements, the reality is that a class action could be the only way for people to receive any compensation at all for a certain issue. Class action lawsuits allow people to join collectively and obtain results that would have been almost impossible to receive otherwise.
What Is a Class Action Lawsuit?
A class action lawsuit is when one or more individuals can file a lawsuit on behalf of a larger group, or “class”. The class then takes action against one or more defendants to the lawsuit. Essentially, this is a procedural technique that allows multiple claims to proceed as one, and helps make seeking justice more efficient.
A class action lawsuit can only be brought when multiple plaintiffs have an issue in dispute that is common to all of them. For example, if a company manufactures a defective tire and multiple people suffer crashes as a result of the same defect, that issue can lead to a class action case. On the other hand, if numerous people suffer crashes due to a variety of different defects, the class action claim would likely be dismissed.
The damages suffered by the class action plaintiffs must all have some connection. In many class action suits, this involves failure by a company to make sure their product is safe for consumers.
What Are the Benefits of a Class Action Lawsuit?
For plaintiffs, there is the cost-to-benefit ratio of seeking justice when damages might have been minimal. For example, if a company manufactures a $100 product that it knows is defective, the customer would have a right to file a lawsuit. But would they hire a lawyer and go through the time and cost of litigation just to get their $100 back? On the other hand, they could join a class action lawsuit in which everybody else also seeks compensation due to the defect.
Class action lawsuits also hold the responsible parties accountable for their actions in ways an individual lawsuit can’t. When people band together, the value of their collective claim increases and the at-fault party is more likely to settle and pay out. Class actions also help level the playing field between deep-pocketed corporations and struggling individuals that have been harmed.
How Does a Class Action Lawsuit Work?
Usually, a class action lawsuit starts when multiple claims appear similar, and the attorney prepares to file suit on behalf of a class of victims. Then, potential participants in the lawsuit will be notified of their eligibility to take part in the case. Once joined, other plaintiffs will not need to take any further action until the case is closer to a settlement between the attorneys for both sides.
Once the court certifies the class, then the case can proceed as a class action. While the case is ongoing, settlement discussions normally take place between both sides. The case will proceed toward trial within the court system while negotiations take place between the two sides.
If a settlement or trial verdict is reached, all members of the class have to be notified. Victims will have the opportunity to opt out of the settlement by filing notice within a certain time frame. Otherwise, they’ll receive their share of the claim when the settlement proceeds are paid. The court must approve any settlement that is reached through a fairness hearing, to make sure the result is fair to all class members.
An Experienced Lawyer Can Help File a Class Action Lawsuit
Yes. To file a class action lawsuit in either state or federal court, you will need an attorney. If you are invited to opt into a class action lawsuit as a member, you are not required to have an attorney. However, it is wise to consult with an experienced class action attorney whenever your legal rights are involved.
An experienced Pennsylvania class action attorney can help if you’ve been harmed by another’s negligent actions.
Contact the Personal Injury Lawyers In Pennsylvania at Marzzacco Niven & Associates For Legal Help With Your Case Today
If you’ve been injured in a personal injury, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:
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