What are Class Action Lawsuits and How to Find a Suitable Attorney
A class action lawsuit is a legal proceeding where one or more plaintiffs file a case in court on behalf of a larger group, often known as a class. The proceeds from class action lawsuits (either through judgment or settlement) are shared among all the members of the class after deducting the legal fees. However, this class or group must attest that they were all impacted by the defendant’s actions.
How do class action lawsuits work?
Class action lawsuits are civil lawsuits usually filed on behalf of a group of people or even business entities affected by the defendant’s conduct or actions. At least one individual or entity should act as the representative of the whole class. Furthermore, while the issues of the class action can vary, the issues faced in the dispute must be the same across all the individuals of the class.
Class action lawsuits can be filed in a district, state, or federal court. However, if the case involves federal laws, it would fall under the federal court’s jurisdiction only.
Why are class action lawsuits preferred?
Class actions are more practicable for the plaintiff, defendants, and even the court, as multiple actions can be combined into a single lawsuit. This means dealing with a single set of witnesses, documents, experts, and issues. Increased efficiency makes these lawsuits less expensive and easier for a single law firm to handle.
Moreover, it would not be worth it for everyone to hire a separate lawyer if they face a common problem against the same defendant and each has a tiny claim amount at stake. So, it is better for everyone to come together and hire a single lawyer and file one class action lawsuit with a total claim amounting to millions of dollars.
How to find the right class action lawsuit attorney?
Filing a class action lawsuit enables people facing the same issue to receive justice efficiently and fairly. However, it is pretty challenging to gauge whether all have been affected by the same misconduct or error. Hence, one should seek the advice of a class action lawsuit lawyer to understand whether it is in their best interest to pursue a class action case.
Many factors play a pivotal role in finding the right class action lawyer, such as their:
Experience in class action claims
Some law firms and lawyers may advertise that they accept class action lawsuits only to refer the case to another experienced lawyer. This may happen because the primary goal of such individuals or firms is to extort a referral fee from their clients rather than solve the case themselves. Hence, in the case of class action lawsuits, it is suggested to look for a lawyer who serves as the local or lead counsel in class action matters. This ensures the individual is an experienced class action lawsuit attorney who can evaluate the case thoroughly and provide guidance on filing a lawsuit.
Experience in similar cases
Class action cases encompass a variety of issues. For example, they could deal with personal injuries resulting from defective products, employment or other forms of discrimination, and even civil rights violations by municipal, federal, and state government agencies. Thus, besides having previous experience in class action lawsuits, the lawyer must be well-versed in matters similar to the case at hand. To find a suitable firm or lawyer, it is advisable to check the kind of issues they have handled in the past. This will help determine if the professional is the best for the current case.
Experience in appropriate jurisdictions
Usually, courts only hear the cases that fall within their jurisdiction. So, a common challenge is studying the geographic distribution of individuals within the class and filing the lawsuit in the correct court: municipal, state, or federal. It proves beneficial to hire a class action attorney who has handled proceedings in higher courts and understands which class action claim falls under which court’s jurisdiction. Remember that operation
procedures may vary from court to court, and a law firm or attorney may not have experience handling every case.
Responsiveness
A key difference between an individual and a class action lawsuit is the number of people filing the case. Class action lawsuits have many plaintiffs, but not everyone needs to appear in court or coordinate with an attorney. Only the lead plaintiff/plaintiffs communicate with the hired class action case lawyer throughout the proceedings and receive regular updates regarding the settlement offers and other pertinent matters. So, one must ensure the hired attorney is not only experienced but also responds promptly.
Besides considering the above factors, one should read the details on the official website of the class action lawsuit lawyer or firm before the consultation. Usually, most consultations are free, but checking this information on the official website ensures there are no out-of-pocket costs.