However, class action plaintiffs are not typically awarded large sums of money because the funds must be distributed among the plaintiffs who were named in the class action lawsuit. You have likely seen or heard about large class action settlements on the news and in movies such as Erin Brockovich.
Some class action lawsuits have as many as several thousand plaintiffs. Typically, 40 or more individuals is considered sufficient, but this is usually determined on a case-by-case basis. While there is no specific number of plaintiffs required for a class action lawsuit, the court will determine whether the class has enough members that it would be impractical for them to pursue individual lawsuits. Although class members are often automatically included in a certified class action lawsuit, they may opt out if they do not wish to participate or if they prefer to pursue an individual lawsuit. These individuals are known as class members. This gives the lawyer and the named plaintiffs the authority to pursue the claim on behalf of the other individuals who also suffered the same injury at the hands of the same corporation or entity. Once one or more plaintiffs have come forward after being harmed in a similar way by the same product, the lawyer who is representing the plaintiffs will request that the court certify a class. Who Is Involved in a Class Action Lawsuit? The questions of law or fact outweigh any individual class members’ claims, which would make a class action the preferred means of resolving the dispute.As a result, the court could grant injunctive or declaratory relief for them as a group. The defendant has acted in a way that affects the whole class.
Requiring individuals to pursue separate lawsuits could result in inconsistent rulings or ruling on one member’s claim could have an impact on another member’s ability to pursue his or her claim.When certifying a class action, the court must make one of the following findings: Adequacy: The individual who is the named plaintiff can represent the other class members and advocate for their interests.Typicality: The claims made by each of the plaintiffs are typical of the class.Commonality: The claims of the class members present common legal and factual issues.Numerosity: The number of plaintiffs participating in the lawsuit is such that it would be impractical for each individual plaintiff to pursue a lawsuit on his or her own.What Are the Requirements for a Class Action Lawsuit?Īccording to the Federal Rules of Civil Procedure (FRCP), a lawsuit must meet the following criteria for it to be certified as a class action: In addition to the financial compensation that you may be eligible to receive, a class action lawsuit also sends a message to the company that the fraudulent, abusive, or dangerous practices will not be tolerated. A class action lawsuit helps to level the playing field and ensure that consumers’ interests are protected. Oftentimes, that means that taking legal action through the standard litigation process is not always feasible. Essentially, this type of lawsuit supports individual claimants who have suffered an injury but do not have the means to pursue a claim on their own. What Is a Class Action Lawsuit?Ī class action lawsuit is a lawsuit in which a single consumer makes a claim and files a lawsuit on behalf of a large group of people who have similar legal claims against a company. If you believe that your consumer rights have been violated, and you are interested in pursuing a class action lawsuit, a skilled consumer rights lawyer can help. By banding together, you and the other consumers whose rights have been violated can join forces to present a significant legal threat to even the largest, most powerful corporations. Depending on the circumstances of your case, you may have the option of pursuing a class action lawsuit if there are several consumers who have the same complaint with the company. However, as a single consumer, your damages may not warrant the costs associated with a lawsuit.
Unfortunately, if you are the victim of fraud, a defective product, or false advertising, or you have been misled or mistreated by a large corporation, this could have significant financial consequences, particularly if you suffered a serious injury. As a consumer, you have basic rights when it comes to safety, the right to be informed about a product, to have your concerns heard, and to take legal action if your consumer rights have been violated.
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