Most individuals who are victims of a legal wrong can pursue compensation by filing a civil lawsuit. You will need to either negotiate a settlement with the defendant in your civil suit or you will need to proceed to court and prove your claim and right to damages. A decision is made on the case and the defendant may be ordered to pay the individual plaintiff for losses.
In some cases, however, hundreds or thousands of people suffer a similar harm as the result of a similar legal wrong. When this happens, it may make sense for the plaintiff’s cases to proceed as a class action. An experienced San Diego class action lawyer at Sepahi Law Group, APC can help you to determine if a class action is the best approach for recovering compensation. Call today to schedule a consultation and learn more.
Should Your Case Proceed as a Class Action?
You may be asked to join a class action if you are one of many plaintiffs who have been harmed by the same defendant in a similar way as other victims. This frequently occurs in situations where a defective product like a dangerous drug or an unreliable car part is released onto the market.
If you join the class action, you won’t have to do very much after that. The representative plaintiff and the lawyers handling the case will work to negotiate a settlement or will take the case to trial. You will end up getting compensation based on the terms of the settlement or based on the decision reached in court. When you have decided to join the class action, you essentially lose control over what happens in the case. You can’t change your mind and opt out once the case has been resolved, and you can’t go back and sue if you aren’t satisfied with the outcome. As a result, you need to think carefully about whether or not to become a member of a class.
If you believe that you have been wronged by a defendant who has harmed many others but there is no class action currently filed, you may wish to approach an attorney about whether your case should proceed as a class action. Your lawyer can help you to file appropriate paperwork and make a motion to the court to certify the class. Class action certification is appropriate only if there are many plaintiffs who have suffered substantially similar harms and it would be impractical to hear all of the individual cases separately. The named representative plaintiffs also must have been hurt in a way that is reflective of the injuries of the whole group and must fairly and adequately protect the interests of the entire class.
Being a named plaintiff in a class action case requires you to be a much more active participant than simply joining a class. However, you will have more control over the legal process.
An experienced San Diego class action lawyer at Sepahi Law Group, APC will help you to understand whether your case should proceed as a class action and can assist in deciding what is the best way to get compensation for your losses. Call today to schedule a consultation and learn more.