Class Action Attorneys
Find Out If a Class Action Lawsuit Is Right for You: (888) 493-1629
At Arnold & Itkin, we’re dedicated to making sure clients get the best results, no matter what. More often than not, this means out-investigating the other side and fighting on when a case is at its most difficult. When a case involves as many people and powerful companies, it takes the right law firm to secure justice.
Because of their size, class action lawsuits are often complex matters that take time. The due process usually requires there be mass notification of the case and its proceedings. From the first notice of legal action, all the way through to the end, there is no telling what may arise along the way. Since class actions are perfect for some people and not right for others, speaking with an experienced and dedicated law firm about yours is important.
If you’re in need of a law firm for class action lawsuits, call Arnold & Itkin LLP today for help. We’re standing by help you determine what to do next at no cost.
What Is a Class Action Lawsuit?
A class action lawsuit describes when a large group of people is involved in any lawsuit. With these types of cases, one or two named plaintiffs act as representatives for numerous unnamed parties. Importantly, class action lawsuits are usually best for individuals harmed by the same party but have damages that would amount to enough for a lawsuit if they filed a case independently.
In short, a class action lawsuit is when multiple people with a minor claim band together to hold another party accountable for negligence, misinformation, or other misdeeds.
Class actions can be taken by individuals who collectively decide to bring a claim to court on behalf of all persons involved. For example, if a defective drug was produced and sold to patients, these individuals might be able to file a class action lawsuit against the pharmaceutical company that produced the harmful drug.
A class action lawsuit may also be filed on behalf of a group (or class) of defendants that is being sued for the same issue or set of issues. Using the example above, this situation would occur if the same type of drug harmed many people but was produced my multiple companies. Regardless of what company their version of the medication came from, patients might be able to file a class action against all producers of the product.
Class action lawsuits can involve:
- Dangerous drugs
- Defective products
- Mass toxic exposure
- Investment fraud
- Employee misclassification
- Unfair employee wages
How Class Action Lawsuits Work
Class actions are governed by the Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A. §1332(d). If the amount in controversy exceeds $5,000,000 and certain circumstances are met, then the federal districts courts will be awarded original jurisdiction over the civil action lawsuit that was filed.
To file a class action, everyone involved must be notified and provided with one of the following options:
- Joining the class action lawsuit; or
- Opting out and/or finding their own attorney to assist with the matter.
It’s important to decide if seeking individual legal counsel would be as successful as joining in a class action claim or if it would be worth handling said legal problem on an individual basis. Any results from a class action lawsuit are divided among the claimants. While this is a great option for those who wouldn’t have a case if they tried to file on their own, others should speak with an attorney to decide if their case extends beyond the scope and purpose of a class action lawsuit.
What Must be Proven During a Class Action Lawsuit
Class action lawsuits are similar to other types of liability matters as plaintiffs must show they were harmed or financially damaged by the negligence or misbehavior of the other party. There are several elements that are critical to a successful class action lawsuit.
The plaintiff acting on behalf of the class action group must have the ability to prove:
- Their situation is typical of the damages of other class members
- They suffered a measurable loss
- The type of claim they are filing is the best way to hold the company/product liable
- The evidence is similar across all claimants involved
- If the claim ends in a successful verdict or settlement, all claimants will be treated similarly
Class Action Lawsuit FAQ
Is a Class Action Lawsuit the Same as a Mass Tort?
No. While they seem similar, a class action lawsuit is not the came as a mass tort claim. Mass torts are similar to class action lawsuits because they involve multiple people filing a claim against the same party or parties. However, a mass tort involves people who were injured because of the same party in different ways. After a successful mass tort, plaintiffs receive compensation based on the unique circumstances of their case.
Is a Class Action Lawsuit the Same as Multi-district Litigation (MDL)?
While multi-district litigation (MDL) cases appear quite similar to class action lawsuits, the two are different from one another. MDL is a way in which class actions can be consolidated for pre-trial purposes. When a particularly large lawsuit is brought before the federal courts, there’s a chance that it will be handled in multi-district litigation first. However, all cases are different. Speaking with our team will help you understand the specifics of your case and how courts might handle it.
How Are Members of a Class Action Lawsuit Identified?
A court will help determine who is eligible for a class action lawsuit. If possible, qualified individuals will be notified by mail if they are eligible to join a suit. When contacting potential claimants isn’t possible, advertisements will be created to inform potential claimants of their options to join a class action lawsuit.
Is a Class Action Lawsuit a Good Option?
Class action lawsuits have a very specific purpose: to help people with small claims band together to hold a negligent or dishonest party accountable. While they sometimes have a reputation for not paying people large sums, many people ignore that’s their exact purpose. In most instances, a class action lawsuit enables those with small damages to file a claim when they wouldn’t otherwise be able to!
A class action lawsuit is not the right choice for someone with significant damages or for someone whose case has many unique characteristics. In these instances, a person should consider joining a mass tort or filing a lawsuit individually. Speaking with a lawyer will help you decide what option is best for your circumstances.
Call Arnold & Itkin for Help with Your Class Action Lawsuit: (888) 493-1629
If you’ve received a notification about a class action lawsuit and are wondering if it’s the right choice for you, discovering your options is free of charge. Turning to Arnold & Itkin for help is important because our firm is known for handling complex cases. If a class action lawsuit is right for you, we’ll help you take the next steps toward filing your claim. However, if your potential recovery would be better served through a mass tort or individual filing, we’re ready to help you get the process started and are prepared to fight for the justice you deserve.
Our firm has extensive experience with lawsuits involving multiple claimants. We helped more than two-thirds of the Deepwater Horizon crew and even obtained one of the largest individual verdicts in the nation’s history against one of the largest companies in the world. Turn to us when only the best attorney will do.
We’re ready to listen to your story right now. Call us to have questions answered about your class action lawsuit answered at no cost: (888) 493-1629