You initiate a class action lawsuit by combining many lawsuits into a single action. Typically, a multitude of plaintiffs accuse a single defendant of committing the same wrongful act against them, thereby harming them. This might mean, for example:
- Product liability: Product liability claims can cover anything from cars with faulty airbags to electrical appliances that cause fire. This category can also include defective medical devices or harmful prescription drugs.
- Toxic exposure: This could involve exposure to asbestos, lead paint, or harmful chemicals. Think of the 1984 Bhopal disaster in India, for example, which killed thousands and injured over half a million people.
- Food poisoning: A classic example occurs when a company distributes an adulterated food product to grocery stores across the country.
Sometimes, class action lawsuits include more than one defendant.
What’s the Purpose of the Class Action Lawsuit?
There are two main purposes of class action lawsuits:
- To save judicial resources.
- To avoid inconsistent results in different cases. Inconsistent cases can set contradictory judicial precedents, leading to confusion within the legal system.
Ultimately, these lawsuits streamline the legal process and promote fairness, providing a more efficient path to justice for individuals facing similar harm.
Choice of Defendants
Consider a product liability class action lawsuit where multiple victims sue a defendant for distributing a defective product. In such cases, you can sue any party in the product’s chain of distribution, from the manufacturer all the way to the retailer. This is a significant advantage in today’s global economy, where the negligent party might be a factory in Bangladesh, for example. Depending on the jurisdiction, a single defendant who ends up paying more than their fair share of damages can file a separate lawsuit to seek a proportionate contribution from the other defendants involved.
Class Action Lawsuits: The Process
Class action lawsuits allow individuals with similar claims to join together and sue as a group. However, before the lawsuit can proceed, several steps must be followed. This guide outlines the key elements of class certification, the statute of limitations, the process of notifying class members, and the implications of opting out.
1. Certifying the Class
To begin a class action lawsuit, you must request class certification in your formal lawsuit complaint and describe the class you wish to represent. A judge will evaluate whether the class meets the following criteria:
- Numerosity: The class must be large enough to warrant a class action. Generally, this means there should be at least 40 members, though the exact number can vary depending on the case.
- Commonality: The claims or legal issues in the lawsuit must be common to all class members. For example, all plaintiffs in a product liability case may share the common issue of whether a pharmaceutical is defective and dangerous.
- Typicality: The claims of the representative plaintiff (the party who files the class action complaint) must be typical of those of the entire class. This ensures that the representative’s case aligns with the interests of the class members.
- Adequacy of representation: The representative plaintiff and their attorney must be capable of adequately protecting the interests of the entire class. This includes having the resources and expertise to handle the case on behalf of all members.
There may be other specific requirements depending on the jurisdiction, so it’s essential to consult with your lawyer about any additional factors that may apply.
2. Meeting the Statute of Limitations
In most cases, a plaintiff has two years from the date of the injury to file a class action lawsuit. However, there are exceptions, so it is important to act quickly and consult with an attorney to ensure your case is filed within the appropriate time frame.
3. Notifying the Class
You must notify each member of the class of their inclusion in the class action lawsuit. Typical means of notification include direct mail, publication, and online notices. The court may require one or more of these methods to ensure all potential plaintiffs are adequately notified.
4. Opting Out
Class members have the option to opt out of the class action if they do not wish to be part of the lawsuit. If they choose not to opt-out, they are bound by the outcome of the case. This means that they will share in any potential settlement or judgment but will also be subject to any adverse outcomes. If a class member opts out, they will not receive any proceeds from the lawsuit. However, opting out preserves their right to file an individual lawsuit on their own if they choose.
Settlement vs. Trial
Just as in individual lawsuits, most class action lawsuits resolve at the negotiating table, not at trial. The only major difference is that the judge must approve any settlement to make sure it reflects the interests of the entire class of plaintiffs.
Class Action Lawsuits are Not for the Faint of Heart–You Need a Lawyer
To take part in a class action, you need not only a Nevada personal injury lawyer but also a law firm with experience handling class action lawsuits. Contact De Castroverde Accident & Injury Lawyers today to schedule a free consultation with a Las Vegas class action lawsuit lawyer.
Contact Our Las Vegas Personal Injury Law Firm For Help Today
If you’ve been injured in Las Vegas, NV, and need legal help contact our Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today.
De Castroverde Accident & Injury Lawyers – Las Vegas Office
1149 S Maryland Pkwy, Las Vegas, NV. 89104
(702) 222-9999
De Castroverde Accident & Injury Lawyers – Summerlin Office
410 S Rampart Blvd, Ste 480 Las Vegas, NV. 89145
(702) 297-6373
De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV. 89123
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