Some of the largest monetary awards have been won in class action lawsuits. Typically, the class actions lawsuits involve a horrible product, chemical or service that caused great harm to a large group of people. Here is how to file a class action lawsuit.
“Class Action is About Group Damages”
A class is a group of people who share a common trait. This might be ethnicity, gender or people who used a certain product. Anyone can file a lawsuit against anyone. But rather than having each separate victim harmed by the same corporation, file a separate lawsuit, the class action allows all of the victims to file one large single case against the corporation. An attorney or consumer protection organization brings this lawsuit on behalf of this group of victims.
“Why is a Class Action Lawsuit Better?”
If you are certain of the merits of your case, the class action lawsuit is preferable for a number of reasons. By pooling the stories of the victims, your case gains credibility. The jury will realize this was not an isolated case of neglect.
The class action lawsuit saves the court time and money. Rather than a thousand similar cases, the judge and jury can concentrate on one trial. Furthermore, winning a class action lawsuit can deliver higher rewards for all parties involved. The guilty party looks worse and the damages are oftentimes trebled as punishment.
“Federal Law Governing Class Action Suits”
The Federal Rules of Civil Procedure Rule 23 and 28 subsections 1332(d) establish the guidelines for filing a civil action lawsuit. The class action can be initiated in federal court if the victims are from different states or damages are more than $5 million.
The attorney for a class action suit must file suit on behalf of one or several named plaintiffs representing an aggrieved class. They must have a common injury that was caused by the defendants. After that, the plaintiff must file a motion to have the class certified.
The class must have these four characteristics: commonality, adequacy, numerosity and typicality to qualify under the law. Next, the court will determine the best legal representation for this class. Then, the legal firm must publish the class action lawsuit in order to search for other victims who want to join the group.