CLASS ACTIONS LAWSUITS
Class Actions vs. Individual Cases
The majority of people today believe that a class action is a
lawsuit filed any time a large number of people are hurt as a
result of the wrongdoing or negligence of another. This, however,
is incorrect and often leads to confusion about the public's legal
rights.
Is your claim one that should be tried on its own (prosecuted
individually) or should it be joined with hundreds - potentially
thousands - of similar claims in a class action lawsuit?
The answer to that question raises practical and legal issues.
In exploring one's legal rights, it is important to consult an
attorney who is knowledgeable about the likelihood that your case
may be involved with a class action or will be prosecuted individually.
Just how best to handle your individual case will be a matter
for you and your attorney to discuss.
Wilentz, Goldman & Spitzer is a leading law firm with extensive
experience in such areas as mesothelioma and other asbestos-related
diseases, unsafe drugs like fen-phen, baycol, and propulsid,
lead poisoning, environmental contamination, railroad litigation
and more. You can click on any of these topics to learn more about
the medical and legal aspects of these cases.
Traditional Injury Cases
When a large number of people are hurt as a result of the conduct
of another, the people harmed generally retain their individual
right to seek compensation with a lawyer of their own choosing
in a court near their home. So even though thousands of people
have been harmed by asbestos, the cases that are prosecuted for
asbestos-related injuries are done so on an individual basis.
Occasionally, a court consolidates these individual cases for
purposes of trial or pretrial proceedings. The individual, however,
still retains the right to decide whether or not to accept a settlement
of his or her individual case and whether to try that case to
completion before a jury. Even though other cases may appear similar,
they may not be handled the same way depending upon the circumstances
and the Court overseeing the case.
Class Action Injury Cases
If the case were prosecuted or settled on a class action basis,
the situation would be quite different. In a class action, only
a few representative plaintiffs are involved in the prosecution
of the case on behalf of many others. The plaintiffs in the case
represent themselves individually and all others in a similar
situation who may never become involved in the prosecution of
the lawsuit itself.
The persons represented by the prosecuting plaintiffs, however,
may be bound by the outcome of a trial or may be entitled to the
benefits of any settlement reached by the representative plaintiffs
with the defendant.
Increasingly, class actions are being used as a means of resolving
large numbers of claims and are, in fact, favored by some defendants
precisely because they afford a means binding people to the terms
of a settlement or the results of a trial.
Obviously, if yours is a claim for medical malpractice or a defective
product that injures only you, your case will proceed to trial
in the traditional way. On the other hand, if your case concerns
a product that has also harmed thousands of other people, you
may be a member of a class.
Why Class Actions?
Historically, class actions involved commercial matters and not
personal injury cases. These commercial class actions usually
involved a situation where the amount of money at stake was so
small that it would not pay for an individual person to prosecute
a claim individually.
If the cases were combined together, however, through a class
action, the plaintiffs would be able to obtain adequate representation
and fight the resources available to the defendant. For example,
if a company committed a fraud that led many people to lose $1000,
no single person would pursue his or her claim because the amount
of damage is too small. The company would be off the hook.
If, however, the claims of many people were joined as a class
action, then the company must face the prospect of paying a significant
amount of money.
Class Action in Personal Injury Cases
Recently, the class action mechanism has been used successfully
in some personal injury cases in which large numbers of people
were harmed by another. Many courts, however, are still reluctant
to allow personal injury cases to go forward on a class action
basis.
It is up to the court to decide initially whether a case may proceed
as a class action. If the court decides that a class action is
inappropriate and should not be allowed, the cases will be prosecuted
individually even if they involve a large number of people harmed
as a result of the wrong-doing or negligence of another.
Increasingly, class actions are being used as a means of resolving
large numbers of claims and are, in fact, favored by some defendants
precisely because they afford a means binding people to the terms
of a settlement or the results of a trial.
Obviously, if yours is a claim for medical malpractice or a defective
product that injures only you, your case will proceed to trial
in the traditional way. On the other hand, if your case concerns
a product that has also harmed thousands of other people, you
may be a member of a class.
Your Rights as a Member of a Class Action Case
If you are a member of a class, you may be bound by the results
of a trial or settlement that is reached with the defendant even
though you did not participate in the prosecution of the case.
Certain kinds of classes allow you to exclude yourself and prosecute
your case individually while others may not.
Consequently, a person who did nothing may find that, by his or
her inaction, he or she has become a member of a class action.
How to Legally Protect Yourself
It is extremely important that you consult an attorney
as soon as you believe that you may have a case, whether
you choose to prosecute your case individually or through a class
action. In addition to protecting your ability to opt out of a
class (if you are able to and so choose) there is also a statute
of limitations that governs the time within which you must bring
a lawsuit. If you do not bring a case within that time,
you will be forever barred from obtaining compensation for your
injury.
The length of time for the statute of limitations varies
from state to state.
Thus, it is very important that you consult a knowledgeable attorney
as soon as possible.
Your Legal Rights
If you or someone you know has suffered serious side effects
or a fatal injury that you believe may be related to your usage
of a prescription drug, breast implant, or nursing home
abuse, you may be eligible to file a claim.
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