According to the American Bar Association, there are hundreds of class action lawsuits every year. A class action lawsuit is brought by multiple plaintiffs who have similar losses. This lawsuits aims to resolve disputes in a more efficient manner.
How does it work?
During a class action lawsuit, one person brings a lawsuit on behalf of multiple people. The minimum amount of plaintiffs for a class action lawsuit is normally 40. Before a class action lawsuit is approved, a judge has to examine the facts in the case and determine if certifying a class furthers the interests of justice.
What kind of case qualifies?
A class action lawsuit has to meet certain criteria. To begin with, the lead plaintiff has to have similar losses to the other people in the lawsuit.
A class action lawsuit must also resolve all the cases involved. If the lawsuit determines who is right, that decision has to be applied to resolve all of the other cases.
The Right to Opt Out
It isn’t mandatory for a class member to be part of a class action lawsuit. A person can choose to opt out of the class action lawsuit and pursue a separate lawsuit. The person bringing the class action lawsuit should hire a personal injury lawyer to ensure the people in the class are aware of the lawsuit. That way, these individuals can determine if they want to be part of the class action lawsuit or pursue their own litigation.
Benefits and Criticisms
There are both benefits and criticisms for class action lawsuits. This type of lawsuit may help plaintiffs save money on litigation, but some people believe the lawsuit puts defendants in an unfair bargaining in an unfair bargaining position. Some also criticize that a class action lawsuits prevents a court from considering each defendant’s individual situation
The idea of being involved in a class action lawsuit may seem intimidating at first, but it doesn’t have to be. A class action lawsuit can help you obtain the compensation you deserve and help many other people in the same process. If you have any questions about a class action lawsuit, you should speak to a personal injury lawyer such as the personal injury lawyer Cheyenne WY locals trust.
Thanks to authors at Cannon Hadfield Stieben and Doutt for their insight into Personal Injury Law.