How Are Class Action Lawsuits Started?
When several people have been harmed in a similar way, they can file a class action lawsuit. The group may start a class action lawsuit if they are financially or physically harmed by the same entity or product. Class action lawsuits allow access for hundreds of people to take legal action against an entity in a way they may not have been able to before. These lawsuits are also useful in instances where it would not be financially viable to file lawsuits individually. In other words, a class action allows courts to manage lawsuits that would otherwise be unmanageable due to the sheer volume of plaintiffs. However, class action lawsuits do much more than simply address the situation of too many plaintiffs. They are a useful device in which resources for both courts and parties are saved in the process. So how does a group start a class action lawsuit.
Starting A Class Action Lawsuit
Class action lawsuits can be filed by just one person or a small group of people. The person or group of people will file on behalf of those who suffered similar harm. In most cases, if at least several dozen people were harmed in a similar way, the situation may be eligible for a class action. Once a class action lawsuit is filed, the judge will decide whether the case qualifies to be taken to trial. When the judge is considering the case, they will consider the following questions in their decision:
- How many people are affected?
- Do class members share common questions of law and fact?
- Are the plaintiff’s legal claims typical of all class members?
- Is the potential class adequately represented?
If the judge determines that you have a valid class action case, the action will then move to trial.
Filing a Class Action Lawsuit (Complaint)
To start a class action, the class representative must file the class action complaint. Attorneys will review the facts and legal issues at hand to determine whether the lawsuit can be filed. If the evidence is present and clear, they will then draft a class action complaint. The attorney will also research outcomes of similar allegations and determine which federal and state laws, if any, were broken. Since the courts tend to dismiss frivolous lawsuits, making sure the complaint is valid before filing is essential. In the filing process, the complaint will describe the events that caused injury or financial harm to the class. The complaint also states that the lawsuit seeks to recover compensation for the lead plaintiff and other similarly harmed individuals. Once the complaint has been filed and is accepted by a judge, the class action lawsuit officially begins.
National Class Action Lawyers Ready to Represent You!
McCune Law Group, McCune Wright Arevalo Vercoski Kusel Weck Brandt, APC has distinguished itself as one of the premier class action firms in the country. Our Class Action lawyers have taken on some of the most powerful defendants in the world, resulting in winning hundreds of millions of dollars in compensation on behalf of injured plaintiffs in the process. Whether you are seeking to join an existing class action lawsuit or want to pursue your own class action, we are standing by to help you. Our lawyers are here to listen to your story and determine what we can do to win justice for you.
To learn more about our Class Action team, contact us today by calling (909) 345-8110 or by #contact-us completing the form!