Many legal questions, however, remain unanswered for most individuals. What exactly is a Class-Action lawsuit and how do they get started? What if the plaintiff or defendants do not know anything about how to file a lawsuit? How will they be able to find a good lawyer to assist them in filing their lawsuit? All of these are good questions that deserve answers.
A class-action lawsuit is a lawsuit wherein multiple plaintiffs have been diagnosed with identical injuries that result from the same accident or the same source.
Every individual who has sustained an injury similar to the one stated in the lawsuit must be allowed to join the lawsuit as it is called. The reason behind this requirement is to give every individual the right to seek damages individually, which is the only way that the injured person can receive what he or she is entitled to. If an injured person is only allowed one chance to seek damages, then what’s to stop another individual or company from legally charging another individual with the same injuries as the one suffered by the first individual?
Class-actions are usually initiated by injured victims who have established enough of a connection to prove their claims. The lawsuit then requires an injury specialist to examine the claims of the class members. Once the injury specialist provides his or her findings, the lawyers of the class will formulate a proposed settlement. The proposed settlement will be presented to the court for approval. The court then determines if the proposed settlement will indeed meet the requirements needed to allow for fair compensation to all the injured victims.
Class Actions require several factors to be established.
First, there must be an injury for the lawsuit. Second, the proposed settlement must provide for the direct damages or injuries that were suffered. Third, the proposed settlement should also include an offer of judgment to settle the claims for future damages. These damages may include future medical costs and lost wages.
The defective product and its distributor/implementor is usually the main defendant in a class-action lawsuit. These entities are then held liable for their role in causing the injury. There may be additional damages that are provided in the complaint. Some of these additional damages are meant to punish the defendant for negligence; others are meant to compensate for past damages.
Once the lawsuit has been instituted in a state, a plaintiff must register his or her complaint with the State’s Bar Association. The bar association will help attorneys gather information about the class action suit and help present it to the judge in the appropriate jurisdiction. Once a class action suit has been filed, the attorney representing the plaintiffs will ask the judge to allow the lawsuit to proceed. The attorney will file paperwork with the court, including the initial complaint. The paperwork must contain all of the necessary information to enable the judge to determine that the defendant (the company or entity sued) is liable for the claim.