A class action lawsuit is a case that is filed on behalf of numerous plaintiffs. It is one legal case against a named defendant or defendants. In some instances, a class action lawsuit is the most effective way for you to obtain financial compensation for harm that you suffered. However, class action lawsuits are hard-fought cases against companies with deep pockets. You need an attorney who can take the fight to a large defendant. Milian Law helps consumers and other injured plaintiffs file class action lawsuits against defendants who have harmed them.
When you file a class action lawsuit, your voice can be heard when it may not otherwise have been. Your individual voice may not be strong enough, but the group of plaintiffs has one common viewpoint that a defendant must answer.
Class action lawsuits are a way that a group of people who have been similarly harmed can take on a large and powerful corporation. These cases can allege many types of injury. One common form of a class action lawsuit is when consumers do not receive what they paid for when they bought a product. For example, car buyers who purchased Ford models from certain years received cars that had defective transmissions, and they did not get the car that they thought.
Another example is when class members suffer the same physical injury from a product. For instance, they could have all suffered a similar injury from a defective drug. Consumers may have suffered a financial injury when they were overbilled by a company. Class action lawsuits are a way to get justice for widespread harm.
There are reasons why you would want to file your case as a class action. It is easier to proceed as one lawsuit. Class action lawsuits generally proceed under the theory that numbers lead to strength. In a class action lawsuit, you are usually taking on a large corporation that has a large amount of legal resources. Joining together with other plaintiffs would act as a force multiplier. It may be difficult to file a lawsuit individually because each plaintiff would need to develop their own factual record.
Before a class action lawsuit is filed, there will be a lead plaintiff designated. The lead plaintiff works with the attorneys to make decisions on behalf of the class. Usually, but not always, the lead plaintiff is the person who first reached out to the attorney about filing the case. The lead plaintiff will have more responsibility than other class members while the case is pending.
There are benefits to you being the first one to file the class action and becoming the lead plaintiff:
It is not automatic that you would get to become the lead plaintiff. One way to give yourself a better chance is to come forward early and talk about your case with an attorney.
The plaintiff would file the case as a class action lawsuit on behalf of the named class. There are strict requirements for a case to be allowed to proceed as a class action lawsuit. A judge will review the case towards the beginning to review whether the requirements have been met. If they have, the judge will grant class certification.
In order to become a class action lawsuit, the following must apply:
Accordingly, big companies do not want to face class action lawsuits. They want to make it as difficult as possible to file a lawsuit, no matter what they did wrong. The more obstacles they throw up, the more likely they are to get away with their conduct. If defendants are able to convince a judge to deny class certification, it will make it much harder (although not impossible) for a lawsuit to proceed. In some cases, it may not make economic sense for each individual plaintiff to file their own case. If a lawsuit is worth $10,000, an attorney may not want to invest hundreds of hours or more for a limited recovery.
It is a momentous development when a judge grants class certification in a class action lawsuit. If it happens, the defendant will certainly take notice. They may be much more inclined to settle your case.
Once you win or settle a class action, there would be notice given to the potential class. Each potential plaintiff would make their own decision about whether to opt into the class. You should consult with an attorney before you decide whether to join the class.
There would be a fund established with the award or settlement money. After the lead plaintiff and attorneys are paid, there would be a certain amount available for each of the plaintiffs. Since each plaintiff has suffered the same harm, they would receive the same amount in compensation. The total compensation that each individual plaintiff would receive depends on how many people have decided to join the class.
“Our attorneys work hard to build a strategy around each case. We walk into court rooms with a complete plan of action.”
David P. MilianFounding Attorney
Here are some things to think about when deciding to join a class:
In some cases, joining or starting a class action lawsuit makes perfect sense for you. In other cases, you may be better off suing individually. You should consult with an experienced class action attorney before making any decisions.
Milian Law is unafraid of taking on the most powerful defendants to get justice for our clients, no matter the harm. Your first step is to contact an attorney to discuss your case. You can reach out to us online or call us today at (786) 808-9736.
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Yes, you always have a case if a company causes you injuries. You will just need to sue individually.
It is rare, but a jury could order a defendant to pay punitive damages if they have exhibited particularly shocking and terrible conduct.
Since you do not have to do the work of an individual plaintiff, it is usually worth it to be a part of a class action lawsuit.
Contact us today to schedule a consultation and learn more about how we can assist you with your legal needs (786) 808-9736
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