Everything You Need To Know About Class Action Lawsuits
Imagine that you suffer a personal injury caused by someone else’s actions. When settlement talks fall through, you choose to file a lawsuit—simple enough. But imagine if, instead, 15,000 people were injured by exposure to a toxic chemical from a single factory leak.
15,000 cases are far too many cases for the judicial system to handle. Additionally, it doesn’t make any sense to present the same evidence to prove the same facts 15,000 times. That is where the class action lawsuit can be useful. By consolidating multiple lawsuits into a single lawsuit, it saves time, energy, and money.
The Initial Lawsuit
To file a class action lawsuit, you need an initial plaintiff to file a lawsuit against the defendant. This initial plaintiff must describe the class and ask the judge to certify it so that the case will become a class action instead of an individual lawsuit.
Certification of the Class
The judge will probably certify the class if the case meets the following standards:
- The class of plaintiffs must be so numerous that it makes sense to join them all into one case. A few dozen plaintiffs might be enough. The larger the class of plaintiffs, the more likely it is that the judge will certify the class.
- There are important questions of fact and law that are common to all plaintiffs.
- The original plaintiff’s case must be similar enough to the other plaintiffs’s cases that the original plaintiff can adequately represent the class.
- Common questions of fact and law must predominate over questions that affect only one or a few plaintiffs.
- The original plaintiff and their attorney must be competent enough to represent the entire class of plaintiffs. The larger the class of plaintiffs, the more competency is required.
- All things considered, a class action lawsuit must be the best way of resolving all of the individual complaints. A class action lawsuit must be a superior way to resolve the case than multidistrict litigation (see below), for example.
Ultimately, the judge enjoys discretion with respect to the decision of whether to certify the class. Generally, the judge must approve the settlement of a class action lawsuit.
Notification
The court is required to notify, or at least make a reasonable effort to notify, each plaintiff that they are part of a class action lawsuit. There are several ways of doing this, including:
- Surface mail (snail mail);
- Publishing the list of plaintiffs in a widely read publication and
- Websites, social media sites, etc.
Additionally, the court may decide to use other methods it deems appropriate to ensure that all plaintiffs are adequately informed.
Opting Out
In most class action lawsuits, you must “opt out” in writing before the court will dismiss you as a plaintiff. This rule normally applies even if you didn’t know about the lawsuit until after the deadline for opting out had already passed. In some class action lawsuits, however, you must “opt-in” in writing to qualify as a plaintiff. This is one of the reasons why you might need a lawyer to help you.
Filing Your Own Lawsuit
If you choose to opt out of a class action lawsuit, you retain the right to file your own individual lawsuit. This option may be beneficial if you have a strong case and could potentially recover more by pursuing your claim independently. Be sure to discuss this decision with your lawyer to determine the best approach for your situation.
Comparison: Multidistrict Litigation
Multidistrict litigation (MDL) is another way of consolidating multiple lawsuits with similar facts. In MDL, a federal district court will resolve common questions of law and fact, and then send the cases back to the original courts for final individual resolutions.
MDL is often preferable for cases where individual circumstances, such as the extent of injuries or damages, vary widely among plaintiffs, making individualized verdicts more appropriate. If you’re weighing the choice between class action and MDL participation, consulting with an attorney can help you determine which option might maximize your recovery based on the specifics of your case.
Contact our Personal Injury Attorneys at Zaner Harden Personal Injury Lawyers in Denver. Call us at (720) 613 9706
At Zaner Harden Law, we can help determine if you’ve been named as a plaintiff in a class action lawsuit. If you’d prefer to opt-out and pursue an individual lawsuit, our experienced attorneys are here to guide you every step of the way. We’ve recovered tens of millions of dollars for our clients, and we’re committed to fighting for the best possible outcome in your case.
Contact our Denver office today for a free initial consultation. We proudly serve clients across Colorado, and, most importantly, you won’t pay any attorney’s fees unless we win your case. If we don’t, your attorney’s fees will be zero.
For more information, please contact the personal inury lawyers at Zaner Harden Personal Injury Lawyers to schedule a free initial consultation with a Denver personal injury lawyer.
We are located in Denver, CO, proudly serving all Denver County.
Zaner Harden Personal Injury Lawyers
1610 Wynkoop Street, Suite 120.
Denver, CO 80202
(720) 613 9706
