The Basics to a Class Action Lawsuit
Those who dislike class action lawsuits are the ones who are behind the large companies who have multiple lawyers at their finger tips. Knowing that the average person who has been taken advantage of and cheated out of small amounts of money cannot afford not only the cost but the time for an individual lawsuit, they take advantage.
Common Questions Asked | Class Action Lawyers
- What is a class action lawsuit?
- What types of cases are considered class action?
- How do cases become class action lawsuits?
- How many people are needed for a class action lawsuit?
- What is the cost for a class action lawsuit?
- Do I want my case to be a class action case?
- Do class representatives have entitlement to additional compensation?
- How to select a class action attorney?
1. What is a class action lawsuit?
A type of lawsuit where the where claims and rights of multiple people is decided in only a single case. Particular plaintiffs are named in these lawsuits to declare the claims of an entire class of persons with the identical injury or claim so that not all parties must file their own independent lawsuits. Class action lawsuits have allowed people to hold industries accountable for their corrupt actions.
2. What types of cases are considered class action?
There are four essential categories of class action lawsuits.
- Securities Class Actions | normally on behalf of investors who have been harmed as a consequence of an uncalled for behavior, for example, misquoting profits, covering or distorting dangers, or generally taking part in action unfavorable to an organization, association, or individual financial investors.
- Product liability/Personal Injury Class Actions| typically classified for defective products such as; drugs with harmful side effects, mass accidents like toxic chemical spills that effect many people in a harmful manner.
- Consumer Class Actions | These types of cases typically come about when consumers are harmed by the systematic and illegal practices of a company. If consumer protection laws are broken by the company in any form, such as unauthorized charges and billing and unauthorized charges for late payments.
- Employment Class Actions | Usually these cases come forth when a company violates the Labor Code for unpaid overtime, failure to provide breaks as well as safety violations for their employees in the workplace including discrimination.
3. How do cases become class action lawsuits?
When there are one or more people along with a group of others feel that they have been wronged, a class action lawsuit is typically initiated. The lawyer files a lawsuit on behalf of those persons, then at the right time, a motion would be filed asking the court to formally recognize the case at hand as a class action lawsuit. Once the court recognizes that motion and if it is granted by the court, all others who were wronged in the same manner will be notified and given a chance to participate in the lawsuit as a member of the class.
4. How many people are needed for a class action lawsuit?
Typically it will take approximately 30-50 people with similar claims against the same party to be recognized and potentially qualify as a class action lawsuit. However, an individual is enough to file a lawsuit as long as their lawyer believes that there is a case.
5.What is the cost for a class action lawsuit?
You would want to get a consultation with the lawyer you select for representation to discuss fees and costs.
6. Do I want my case to be a class action case?
There are several reasons you would want to partake in a class action lawsuit. Many persons involved want to take a large corporation that is breaking the law and help change the ways of the company structure and behavior and help recover financial recovery for other victims. Those who wish to recover illegal monetary withholding’s see that they, as individuals, would not be able to financial support a lawyer’s fees for an individual lawsuit or find a lawyer on contingency.
7. Do class representatives have entitlement to additional compensation?
If a class action is successful in winning relief for the class, most courts, understanding that class actions can be a powerful tool for consumers’ rights in society and are to be encouraged, provide class representatives with “incentive awards.”
8. How to select a class action attorney?
To determine if you are selecting the class action lawyer that is best suitable for you, you must ask the right questions and know what to look for in an attorney. Here at the Law Offices of Terry K. Davis, we have over 21 years of practice experience in Employment Law and have proven success in court. Contact us for a Risk Free Consultation and we will answer the questions you are constantly thinking about.