A “class action” is a type of lawsuit where a large group of plaintiffs who have suffered the same or a similar injury, can join together to pool their resources in a single lawsuit. Class actions are particularly appropriate where an individual’s injuries are clear, but the cost to investigate and prove fault on the part of the defendant is greater than the dollar value of the damage suffered by one plaintiff.
David Holub and his team have coordinated several class actions and other complex cases in which clients have sought recovery for injury, loss of property, loss of insurance, and property damage. Our firm is available to practice in the area of class action law. Call a Merrillville class action lawyer today to discuss your options.
What Is a Class Action Lawsuit?
Class action lawsuits involve large groups of claimants with similar legal grievances arising from the same circumstances. Rather than filing lawsuits individually, where some claims might be too small and could clog up the legal system with redundant depositions, hearings, and trials, these injured parties submit a single lawsuit seeking monetary compensation. In a class action lawsuit, one or more lead plaintiffs file the action on behalf of the other class members against the at-fault entity or corporation.
There are multiple factors that will affect who acts as lead, but oftentimes, the lead plaintiff is the first person who initiated legal action against the defendant. This individual must be truly representative of the class. In other words, the lead plaintiff must have suffered losses that align with those sustained by the average member of the class action. A class action lawsuit begins when the lead plaintiff files the lawsuit on behalf of the class. This approach is common in cases involving groups of individuals who have suffered similar harm from defective premises, defective products, environmental pollution, and other wide-ranging claims.
The court of jurisdiction will then review whether the lawsuit fulfills the requirement for class certification. Once certified, potential class members will be notified through advertisements, mail, email, and other media publications that they may qualify to join the lawsuit. Potential class members can speak with a Merrillville attorney to determine whether they qualify to participate in a pending action or should file their own.
How Compensation Works in a Class Action Lawsuit
Many class action cases settle out of court, but some may proceed to trial where the claims must be proven before a judge or jury. If a class action lawsuit concludes with a settlement or court award, funds may be distributed as a lump sum or in structured payments. Compensation is not paid equally to class members but will be based on the individual merits of each claim.
As such, plaintiffs with more substantial injuries and damages will be compensated with a larger portion of the funds from the class action than those with smaller claims. The lead plaintiff or plaintiffs typically receive the largest payouts from a class action. Smaller claims are usually settled with a single disbursement of funds.
Class action lawsuits can be considerably more economical, not to mention time efficient, than if each plaintiff were to file an individual claim. It also ensures that funds are distributed in a fair manner, while enabling individuals with smaller claims to still obtain compensation for their injuries.
While members of a class action have their claims consolidated into a single case, each plaintiff is entitled to retain their own legal counsel. A Merrillville attorney who specializes in class actions could work to get you the compensation you deserve so you can focus on moving on from this challenging time.
Enlist the Help of a Merrillville Class Action Attorney
If you have been seriously harmed by a product, service, or company, and believe that you may have grounds to launch or join a class action, The Law Offices of David W. Holub has the experience you need during this challenging time. A seasoned Merrillville class action lawyer from our firm could inform you of your legal options and help you pursue the course of action that aligns with your best interests.