This guide explains more about how class action lawsuits work, how to start a class action lawsuit and when a class action lawsuit may be right for you. This type of lawsuit is initiated when one or several individuals file a lawsuit on behalf of others who have suffered the same injury (harm in commonality) from a corporation or other entity. Sometimes, a few dozen people band together to bring the case against a company. It takes longer to resolve class-action lawsuits with larger groups of plaintiffs in almost all cases.

This usually happens after collecting evidence and building a strong case against the defendant. The attorney’s fee is based on a percentage of the amount awarded in the suit, so it is essential to agree to everything in writing before the work begins. The lawsuit must involve factual and legal issues that are common to all class members. In addition, the class members should all have suffered the same injury.

Injuries’ seriousness affects personal injury lawsuits, with lawyers turning away minor injuries. However, in class action suits, collective power can still bring the responsible party to justice and result in compensation. A lead plaintiff is the person (or group of people) who files the class action lawsuit and is named as plaintiff on the class action complaint. The lead plaintiff serves as the Class representative and therefore must be able to represent the interests of all Class Members. In a class action lawsuit, at least one individual who has been injured by the defendant will be named the class representative. Class action lawsuits may involve illegal or unethical employment practices, deceptive advertising, hidden fees, insurance claim disputes, toxic exposure, dangerous pharmaceutical drugs, and more. Settlements are common in class action lawsuits if the court grants class certification.

Can I Still Join a Class Action Lawsuit if I Am Not the Lead Plaintiff?

This cost is divided among the plaintiffs, with the total deducted from the settlement. This is usually a good thing—it means you don’t have to take your own chances in court, or deal with legal fees, and can just collect your share of the winnings. However, there are circumstances where you might come out ahead if you filed your own separate lawsuit. That makes it worthwhile to talk to a lawyer about your case before you make a final decision.

Factors That Contribute to the Length of a Class-Action Lawsuit

For all case members, there must be some unifying factor between them in terms of either fact or law. In class action lawsuits, before the case can be closed, the court holds a fairness hearing to ensure that the class members agree with everything thus far. If you have any objections to the proposed settlement, you must notify the court of your objections at the hearing.

This arrangement means the fees owed to the lawyer do not change, no matter the stage at which the class action suit resolves. A class action suit levels the playing ground between powerful entities and individuals with limited resources.

If there is a judgment or settlement, opt-in plaintiffs get to recover also for the alleged illegal policies. Your attorney can also identify the appropriate defendant(s) and whether your case will succeed as an individual claim or in a class action setting. To evaluate whether or not a matter qualifies for a class action, interested parties must get legal counsel. Find out if your prospective class action attorney has the capacity to meet your needs regardless of where each class member is located. Likewise, choose a law firm that has the experience necessary to handle countrywide cases. Class action lawsuits are complex and require special skills, so it’s essential to find an experienced lawyer willing to take on your case.

In general, the minimum number of potential plaintiffs is 40 although most class actions have many more members. No one is required to join a class action, even if they are eligible to do so. The named plaintiffs must be typical of (or good representatives of) all of the unnamed plaintiffs whose claims can potentially be resolved by the class action.

It is hard to accurately predict how much you will get from a class action lawsuit without examining the specific facts of the case. Class actions usually resolve through an out-of-court settlement process, with only a few cases reaching trial. The payout generally goes to the named plaintiffs, the unnamed plaintiffs (members of the class), and lawyers who represented the class. The named plaintiffs usually get a higher portion of the settlement or judgment than the unnamed plaintiffs because they dedicate more time and effort toward the lawsuit. Similarly, you will not receive any check from the payout awarded to the class members, either by settlement or court verdict.

However, the court will need to certify the class, which typically requires demonstrating that there are enough people with similar claims to justify a class action. Read more about Class action lawsuit here. In a class action case, one or more individuals file on behalf of the entire group, while in multidistrict litigation, each individual plaintiff’s case is typically treated separately. The filing deadline for claims is April 15, according to the settlement website. In addition, they will also forfeit their right to sue Verizon over the allegations resolved by the settlement.