In civil law, a class action lawsuit allows people who have the same injuries from a single person to join together.A class action is more efficient for both the courts and the people who don't have to file separate lawsuits.In cases where individual damages are relatively small, class actions are helpful.
Step 1: Make sure your case is appropriate.
If there are a lot of people who have the same claim, your case may be valid.The best way to file a class action lawsuit is to hire an experienced attorney.Class actions can be filed in federal or state court.If you intend to file a lawsuit against a large corporation, you may be met with a team of top-notch and highly skilled attorneys acting in defense.The subject of class action lawsuits is more frequent for certain types of civil actions.Class actions are often filed over false advertising.The benefit of a class action lawsuit is that it gives you more leverage with other class members.This is important when your damages are small.If a group of consumers file a lawsuit about a new smart phone that doesn't get reception if it is in the same room as a television, that's a good example.Each individual may only have a few hundred dollars in damages, but their claims could result in millions of dollars.Securities, product liability, personal injury, and consumer class actions are the four primary types of class action lawsuits.
Step 2: You can find class action attorneys on the website.
There are attorneys who are licensed to practice law in your state.The database can be used to find the attorney's specialty or area of practice.You can use FindLaw or Lawyers.com to find a class action lawyer.To find out what kind of law the attorneys practice, check their websites.Check their record with the bar association to make sure they haven't had any complaints filed against them.
Step 3: Potential candidates to be interviewed.
Once you've found some good attorneys to represent your interests, schedule an interview with each one before choosing the best one.Ask the attorney questions such as how many cases they usually take, how much time will be devoted to your case, and how they will fight for your interests.Understand the amount of experience each attorney has.If she has experience handling cases like yours, you need to know if she's ever sued a company.Large corporations can be intimidating and have a lot of money to spend on legal teams.Class action attorneys will usually give you a free consultation to help you decide if filing a class action lawsuit is the best course of action.
Step 4: An attorney with experience is the best choice.
Pick the attorney with the most experience fighting cases like yours, and who has the resources and passion to represent your best interests, when you compare and contrast your options after you've interviewed possibilities.It's important that you hire someone with experience in class action lawsuits, not just someone who has experience with the type of case you have.If you don't want to be the leader of the class, ask the attorneys you interview if they're willing to file the lawsuit without you.
Step 5: Make sure your attorney has the money to fight the case.
Class action attorneys generally advance the costs of the lawsuit, absorbing the loss if the case is unsuccessful, so finding a successful attorney who isn't going to run out of money halfway through the pre- trial discovery process is paramount.Class action attorneys usually get paid by taking a percentage of the recovery, rather than the full amount.You need to make sure that the law firm you've chosen has the resources and infrastructure necessary to fight the lawsuit without getting paid.
Step 6: Decide if you want to be a part of the case.
A few representative plaintiffs file suit and conduct the litigation, while others are contacted only to receive their share of the damages award.Although you will hire an attorney and play a significant role in the case, you won't incur any attorney fees or other legal expenses.If the case settles or the class wins at trial, the lead plaintiff will be paid first and may receive additional payment for all the additional work.The role requires a lot of responsibility because only the lead plaintiff can accept or reject a settlement offer.The settlement offer must be fair to everyone in the class.Being the lead plaintiff can be a lot of work because you have to work closely with the attorneys and appear in court.If other people don't want to be involved in the lawsuit, they can opt out.If the lawsuit succeeds, those who opted out won't have the right to recover damages for their injuries.
Step 7: All documents and information must be gathered.
You will need to have copies of any documentation that supports your argument.
Step 8: Pick the correct court.
Depending on the procedure for a class action, you can either file your lawsuit in state or federal court.Rule 23 of the Federal Rules of Civil Procedure does not apply to class actions in state courts.Federal class action rules can be used if one of the people in the suit lives in another state.
Step 9: Take the time to draft your complaint.
The damages you suffered as a result of the defendant's acts or neglect must be described in a complaint.Damages for personal injury or economic loss are included in compensation sought in a class action lawsuit.In the case of a class action, you must be able to show that all the class members' injuries happened as a result of the same set of facts.
Step 10: The cover sheet and other documents need to be done.
If you check the box on the cover sheet, you will know that you intend your lawsuit to be a class action.
Step 11: You can file your complaint.
Everything must be filed with the clerk of court in the court with jurisdiction over your claim after you've completed and signed all your paperwork.
Step 12: You should have your complaint served on the other person.
If you want your lawsuit to be heard by the court, you need to serve it on the person you're suing so they have the chance to respond.Once you've had the complaint served, you need to file a proof of service to show the court the notice of the suit.
Step 13: To have the class certified, draft your motion.
If you check the class action box on the cover sheet when you file your complaint, the court will initiate the certification process.You have to file a motion to start the process of having the judge certify the class.The certification process is the most important step prior to trial if you don't have your class certified.You must meet general requirements for the judge to certify your class, as well as any specific state requirements.The judge certifying your class doesn't mean the defendants are responsible for the group's damages.It only means that you have proven that all of you suffered the same damages and that there are too many to join a lawsuit.
Step 14: Go to the clerk and file your motion.
If you were required to file a motion to initiate the class certification process, you must use the same case number as you filed your complaint.
Step 15: You have a hearing on your motion.
A judge will schedule a hearing on your motion to have your class certified.Your motion will be dismissed if you don't show up.If you've decided to be the lead person in the action, you will need to show up for the hearing.Unless your class action attorney plans to call you as a witness, you don't need to attend the hearing.
Step 16: The best way to resolve the claims is to prove a class action.
To have your class certified, you must be able to show that the issues in one case will effectively resolve all of the others.The judge will assume that the claims in your complaint are true since the trial has not yet started.If you decline the lead position, you must be able to show that your injuries are the same as those of other class members.If you can prove that there are so many potential members of the class that it would be impractical to join all of them in a single lawsuit, then you should be able to file a class action.It's usually enough for 40 or more people to justify a class action lawsuit.If you were injured by a faulty product, and you know that the same company sold 200 of the products before the defect was discovered, you may have a class action lawsuit.Mass personal injury suits are more difficult to resolve using a class action, since each individual's injuries may differ and the size of the class can be all but impossible to determine.Once the judge has certified the class, everyone who is potentially in it is given the opportunity to opt out of it and not take it.