How To File A Class Action Lawsuit?
- in Laws
When an individual is injured due to another person or party’s negligence, the legal action known as a civil lawsuit might enable said person to recover a reward for the damages incurred as a result. However, when numerous individuals sustain injury they believe are caused by another’s malfeasance, legal efforts called class action lawsuits might be filed. The following brief article will explain how a class action complaint can be made in the State of California.
Common Types Of Class Action Lawsuits
A class action endeavor can be organized by any group of individuals who believe they sustained injuries because some other person or collection of individuals committed malfeasance or irresponsibility. Common types of class action suits include but are not limited to civil rights violations, product liability, actions detrimental to the environment which resulted in major injury or illness, the creation of potentially harmful drugs, financial mismanagement or scamming and unfair employment practices.
Formulating a legitimate class action complaint requires the completion of several important steps that include:
Establishing The Cause Of Action
The cause of action in simple terms is the basis (or precipitating factors) for the civil suit. For example, in a product liability case, precipitating factors are faulty product and how these flaws lead to injuries and damages on the part of the plaintiffs in question. In the example of unfair employment practices, the causal action might alleged racial or ethnic bias in a company’s hiring process. Regardless of the specific type, cause of action is the alleged act of malfeasance or negligence that resulted in damages for the complainants.
Formulating The Initial Complaint
Typically, a class action suit is brought forth by an initial plaintiff. It is important to note that the initial plaintiff can represent similar claims of others in the civil action. That said, each and every person involved in the suit must share common issues and damages.
Building A Case With Documented Evidence
Once the initial complaint is established, it is imperative that all those privy to the action can provide documented evidence supporting their claims. Like any other legal case, evidence is critical to a successful outcome.
Choosing The Right Lawyer
Not all class action suits are the same. Each specific case might correlate to different segments of the law such as employment, financial, personal injury or consumer protection. Hiring an attorney who specializes in the exact segment of the law that correlates to the case in question can be paramount to a positive outcome.
Conduct The Litigation
Once the plaintiffs have provided the necessary evidence and retained the appropriate attorney, said professional can conduct the litigation against the individual or entity alleged of committing negligence or malfeasance. Class action suits can take a significant amount of time to argue and resolve. Such cases often deal with complex legal issues. Furthermore, several issues must be proven to garner a positive result. In a personal injury case or any other class-action suit in which the claimants aim to recoup damages, key questions must be answered. These inquiries are, did the alleged perpetrators commit some type of negligent, irresponsible or malfeasant act, did this action contribute to the damages the plaintiffs claimed occurred and were the injuries or difficulties the plaintiffs in question sustained directly attributable to said action and not any other potential cause?
Proving these issues might require the attorney(s) handling the case to engage in actions that include but are not limited to producing evidence, conducting numerous interviews, obtaining testimony from the appropriate experts, examining the history of the individual or entity being accused.
Before a civil action case can proceed, a court must provide class certification. A court will decide if the suit has merit or the issues at hand could be resolved using other methods. Should the court rule in favor of the complainants, the class action will proceed.
Differences Between Class Action And Non-Class Action Claims
As previously stated, the most obvious difference between class action and non-class action claims is the number of plaintiffs involved. However, another fundamental difference is how the damages are awarded should a class action case be successful. Class action damages are distributed amongst all parties to the suit.