Are you looking to file a class action lawsuit but don’t know whether you are eligible for it?
Such form of lawsuits typically happens when a consumer has been wronged by a company (whether one time or repeatedly), that person may be thinking that he or she is the only one facing the issue. However, there are many cases that may not be true.
Although companies who engage in fraudulent practices do not want you to know it, you do have rights when it comes to recovering damages you incurred as a result of their behaviour.
If you have ever wondered what a class action lawsuit is or want to know how to file one, allow the following information to be your guide.
What Is A Class Action Lawsuit and When Should I File One?
A class action lawsuit has the primary purpose of giving consumers who have been wronged by a specific company an opportunity to receive compensation for any damage caused by that wrongdoing.
These lawsuits typically involve a group of consumers who fell victim to the company’s practices, and they must be able to prove that the company acted fraudulently.
If they can do so, they may be able to make sure that the company takes financial responsibility for what happened to the consumers in the group.
While consumers decide to file class action lawsuits for all kinds of reasons, you may decide to seek compensation from a company for issues ranging from fraudulent lending to false advertising (including making outrageous claims about a product’s effectiveness) to manufacturing defective products.
Possible Types of Class Action Lawsuits
Class action lawsuits generally fall into the following four categories:
1) Securities – This type of class action suit usually involves investments that have gone awry at some point. If the person responsible for the investments has misled the investors by not clearly outlining the risks or withholding information about earnings, you may want to file a suit.
2) Personal Injury – These class action cases are typically brought on because of a defective product that caused harm to a group of people (including things like oil spills or defective drugs).
3) Consumer Lawsuits – A consumer class action suit may involve financial harm to a group of people, such as excessive penalties or unauthorized charges made to accounts.
4) Employment – These cases usually involve a group of people employed by the same company and can include issues like unfair labour or hiring practices, discrimination or even sexual harassment.
How To File A Class Action Lawsuit
In order to file a class action lawsuit, you need to get in touch with a qualified attorney. He or she will help you figure out how to file a class action lawsuit, which may include the following:
Talking with the lawyer about your specific issue and investigating whether there may be other people who have experienced a similar problem. If you have a viable case, your attorney will show you step-by-step how to file class action lawsuit.
The company in question will be formally served notice of the complaint and summoned to court.
Your attorney will file a motion with the court asking to allow the lawsuit to be recognized as a class action case.
If this motion is granted by the courts, other consumers will be notified of the lawsuit and given a chance and instructions to participate. The court will let you know how they expect this to be done.
Are There Any Advantages To Class Action Lawsuits?
Aside from wanting to know how to start a class action lawsuit, some people may wonder whether or not filing a class action lawsuit is even worth it.
While you can certainly try suing a company on your own in an effort to try to gain financial recompense for the wrong you have endured, it’s important to realize that there are a few benefits involved in going the class action route:
The company may be able to prove that your case was a fluke, and you may walk away without justice as an individual. However, it’s hard to ignore the problem when the same thing has happened to many other people.
Lawyers who represent one defendant often want upfront payment before they’ll continue the case. Class action lawyers typically don’t ask for legal fees until after the group of consumers have won their case.
For these reasons, consumers can generally get more done when they band together instead of trying to go after the company one by one.
A Few Tips On Choosing A Class Action Lawsuit Lawyer
Before you contact an attorney about a class action lawsuit, make sure you’re evaluating them on the following criteria:
Ensure that the attorney has experience with class action lawsuits. This type of litigation is extremely complicated and needs to be managed well in order for the case to have a successful outcome.
You’ll want to know that the attorney has experience in the specific area of the law into which your case falls. For example, if you are dealing with credit card fraud, does your attorney know how to deal with the credit card industry?
Finally, choose an attorney that will make your case a priority. Class action lawsuits are about pursuing justice, and your attorney should respect that.
You may be hesitant to file a class action lawsuit, but it’s important for you to know that you’re doing the right thing. With the right attorney on your team, you’ll be playing a big part in helping a group of consumers get exactly what they deserve.