Personal Injury Newsletter

  • Circumstantial Evidence in Product Liability Cases
    Individuals who have been injured by a defective product will have a valid legal claim against the manufacturer or distributor of the product if they can prove that the product was defective and that the product defect caused their... Read more.
  • Injuries at Sporting and Entertainment Events
    The liability of property owners for injuries that occur to persons on their property is largely a creation of state law and court decisions. For this reason, the nature of a property owner’s duties to individuals on the... Read more.
  • Medicare "Liens" in Personal Injury Lawsuits
    Medicare, established in 1965, is a federal health care plan for those 65 and older, in addition to certain persons under 65 (e.g., the disabled). In the event a Medicare recipient is injured through the fault of another, he or she may... Read more.
  • Increase in Distracted Driving
    According to the National Highway Traffic Safety Administration, distracted driving accounted for nearly 6,000 deaths in the United States in 2008 alone, and over half a million injuries. That fatality number accounts for 16 percent of... Read more.
Personal Injury News Links

When is a Class Action Lawsuit Available?

A class action suit is a claim brought by one or more individuals on behalf of themselves and others with similar claims. There are several types of cases appropriate for a class action lawsuit including:

  • A mass accident – usually a single event such as an airplane crash
  • Widespread personal injuries – usually involving defective products such as tires or pharmaceuticals

How Is a Class Action Lawsuit Brought?

There are usually four steps prior to beginning a class action claim:

  1. Define the class – To define the class is to identify the individuals with similar claims who would like to participate in the class action lawsuit.
  2. Choose a representative plaintiff – Injuries or afflictions beyond that of class members is not necessary. However, the representative plaintiff should possess the ability to fairly and accurately represent the entire class.
  3. File a Statement of Claim – This is a descriptive statement about the suit that must be filed with the court.
  4. Have the claim certified as a class action – If the court certifies the Statement of Claim, the court has granted permission for the claim to proceed as a class action. After this, the lawsuit may begin.

The Advantages of a Class Action Lawsuit

There are several advantages to bringing a class action lawsuit. First, the class benefits from the perception of strength in numbers. Additionally, class actions allow individuals who might not otherwise pursue legal action an opportunity to have their grievance heard. Class actions also serve to funnel numerous possible court actions into one, thereby relieving the burden on courts.

Class action parties are usually represented by attorneys on a contingency basis, meaning the attorney will receive a portion of the settlement if awarded. If there is no settlement, there is typically no requirement of any payment of attorneys’ fees by the individuals of the class.

Share This Page: