Class Action FAQs
If you have questions about class actions, here you will find answers to some frequently asked questions about class action lawsuits.
- What is a class action?
- What types of cases can be class actions?
- How does a case become a class action lawsuit?
- How many people are needed for a class action?
- How much do class action lawsuits cost?
- Why would I want my case to be a class action lawsuit?
- Are class representatives entitled to any additional compensation?
- Class action lawyers: How do I choose a class action attorney?
1. FAQ: What is a class action?
A class action is a type of lawsuit in which the claims and rights of many people are decided in a single case. Specific plaintiffs are named in the lawsuit to assert the claims of the entire class so that everyone with the same claim or injury doesn’t have to file their own separate lawsuit.
Because they allow people whose damages are too small to warrant an individual lawsuit to try their cases together, class actions can often be the only practical way to stop illegal practices and recover ill-gotten gains. Class action suits have allowed individuals to stand up against the most powerful industries in the world and to hold them accountable for their actions. Class actions can be filed in state or federal court.
2. FAQ: What types of cases can be brought as class actions?
The typical class action lawsuit involves a situation where a large group of people is injured by the same or similiar conduct. There are several primary types of class action lawsuits: consumer protection class actions, antitrust class actions, employment class actions, securities class actions, and product liability/personal injury class actions.
3. FAQ: How does a case become a class action?
A class action is generally initiated by one or more people who feel that they, along with a group of other people, have been wronged. A lawyer then files suit on behalf of the individual(s) and the class. At the appropriate time, the lawyer files a motion asking the court to formally recognize the case as a class action. If the court grants that motion, the other people who were similarly wronged are notified of the class action and are given an opportunity to participate in the class action as a member of the “class.”
4. FAQ: How many people are needed for a class action?
Although it sometimes helps if several people are named as plaintiffs in the suit, a single person is generally enough to file a lawsuit so long as the attorney for the class has a good faith belief that a number of other people were injured in a similar way.
5. FAQ: How much does a class action cost?
Generally, the class actions lawyers advance all the costs of litigation and, if the lawsuit is successful, petitions the court to award attorney fees and reimbursement of expenses, which are usually paid out of any recovery made and/or by the defendant.
6. FAQ: Why would I want my case to become a class action?
People have different reasons for taking part in class actions. Many class members take pride in forcing a giant corporation that is breaking the law to change its ways and in helping to recover often millions of dollars for the class. Others bring class actions to recover money that was illegally taken from them, recognizing that they couldn’t afford to pay a lawyer’s hourly fees to bring an individual suit and that their individual claim isn’t large enough to attract a lawyer who works on contingency.
7. FAQ: Are class representatives entitled to any additional compensation?
If a class action is successful in obtaining relief for the class, most courts, understanding that class actions can be a powerful tool for consumers’ rights in society and are to be encouraged, provide class representatives with “incentive awards.” Judges are typically given broad discretion in deciding whether these awards are appropriate and in setting the amounts of the awards, which can range from hundreds of dollars to over $50,000. In deciding how much, if anything, to award to the class representatives, courts look at factors such as the amount of involvement of the class representative, the size of the recovery for the class and the risk undertaken by the class representative.
8. FAQ: How do I choose a class action attorney?
There are many very good class action attorneys in the United States. Because class action law is fairly specialized, you should look for an attorney with significant class action experience. Additionally, because there are many different types of class actions, look for a lawyer who has specific experience in the type of class action you wish to bring. In other words, an attorney who regularly brings consumer class actions might not be the best choice for a securities class action and vice-versa.
Finally, it is a good idea to ask any lawyer you’re considering a lot of questions before hiring him or her. For example, you might want to find out if he or she or a subordinate will be the “lead attorney” on your case. You should also ask how many cases the firm is currently handling – is yours going to be one of 30 or one of 300? Make sure you understand what’s expected of you as the class representative, and always insist on a written representation agreement.
If you believe you have been wronged by a company and think you may qualify to participate in a class action lawsuit, contact our class action attorneys today.
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