Everything You Need To Know About Class Action Lawsuits
Personal injury lawsuits are filed for many reasons. An accident victim might sue the driver who caused the crash, or a slip-and-fall victim may sue the restaurant owner. However, some cases are too large for a single lawsuit because thousands of people may have been injured due to the same reason. In those situations, the courts may allow a class action lawsuit.
What Is a Class Action Lawsuit?
A class action lawsuit is a legal case involving a group of people who suffered injuries or harm because of one or more parties. One or more injured parties file a lawsuit on behalf of a large group of injured people. The parties filing that lawsuit are the plaintiffs, and the group of people injured is the “class.” The parties being sued are the defendants.
Examples of cases that might involve class action lawsuits include, but are not limited to:
- Defective products
- Exposure to toxic substances
- Dangerous drugs
- Unfair or illegal employment practices
- Mass disasters such as oil spills or environmental catastrophes
- Civil rights violations
- Defective medical devices
Just one person may file a class action lawsuit on behalf of a larger class. However, the court must “certify” the class action lawsuit for it to continue.
How Do You File a Class Action Lawsuit?
Not all class action lawsuits begin in the same way. Generally, one or more people file a lawsuit claiming damages for injuries or harm caused by the defendants.
After the complaint is filed with the court, the plaintiffs must file a motion asking the court to certify the case as a class action lawsuit. Defendants often object to the motion, so a hearing is held to determine whether the case meets the qualifications for a class action lawsuit and address the defendants’ objections.
It is essential to understand that a class action lawsuit is one lawsuit. There will only be one trial and one outcome. Seek legal advice if you are considering joining a class action lawsuit, as it can have a substantial impact on the amount of compensation you recover.
What Are the Advantages of a Class Action Lawsuit?
A class action lawsuit may be the best way for people to seek justice for an injury or harm caused by another party. Advantages of class action lawsuits include:
- Parties with small claims can join with other victims to seek compensation for damages. The claim may not justify the expense of a separate lawsuit.
- The class shares the cost of pursuing a claim, including attorney’s fees and costs.
- Consolidating cases is more efficient for the court system. Thousands of individual lawsuits would shut down the court.
- Class action lawsuits can hold companies and parties responsible for wrongs they might not be accountable for if parties do not come together to pursue a claim.
- Class members have very little stress as they are not involved in the litigation.
Potential class members receive notice of the lawsuit. An opt-in case requires the class member to take action to join the lawsuit. They must confirm they want to be a part of the settlement or jury verdict.
Some class action lawsuits automatically include all parties who could be potential class members. A person must notify the court if they want to be excluded from the class.
Are There Downsides to Class Action Lawsuits?
Depending on your situation, there could be disadvantages to joining a class action lawsuit, and so you may elect to opt out. As mentioned above, the class members do not have a say in how the case is resolved. The representative parties decide whether to accept a settlement or take the case to trial.
Class action lawsuits can result in economic, non-economic, and punitive damages. Before any money is paid to class members, the attorneys are paid for their legal fees and costs. The remaining money is divided between the parties.
Should I File or Join a Class Action Lawsuit?
Class action lawsuits are complicated cases. Even though a class action lawsuit has many benefits, it might not be the best way for you to resolve your claim. Talk with a personal injury lawyer during a free consultation to get advice and information about your specific claim.
Contact The South Carolina Personal Injury Lawyers At Elrod Pope Accident & Injury Attorneys For Help Today
For more information, please contact our Personal Injury lawyers in South Carolina and North Carolina at Elrod Pope Accident & Injury Attorneys to schedule a free consultation today.
We proudly serve York County, Lancaster County, and its surrounding areas in South Carolina:
Elrod Pope Accident & Injury Attorneys York
6 N Congress St, York, SC 29745
(803) 902-7399
Open 24hrs
Elrod Pope Accident & Injury Attorneys Rock Hill
212 E Black St, Rock Hill, SC 29730
(803) 324-7574
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Elrod Pope Accident & Injury Attorneys Lancaster
204 A S Main St, Lancaster, SC 29720
(803) 902-7065
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Elrod Pope Accident & Injury Attorneys Fort Mill
1201 Carolina Pl Suite 102D, Fort Mill, SC 29708
(803) 902-4045
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Elrod Pope Accident & Injury Attorneys Lake Wylie
264 Latitude Ln #102A, Lake Wylie, SC 29710
(803) 902-3608
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We also proudly serve Mecklenburg County and its surrounding areas in North Carolina:
Elrod Pope Accident & Injury Attorneys Charlotte
1100 S Mint St #109, Charlotte, NC 28203
(980) 340-8620
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