Law

A Comprehensive Guide on How to File a Class Action Lawsuit

Did you know that the average settlement of someone that chose to file a class action lawsuit in 2020 was $13 million? Filing a class action lawsuit is a big deal but it is sometimes confusing because it isn’t the same as filing a personal injury claim. Finding a class action lawsuit lawyer is a great approach to learning how to file a class action lawsuit.

There are certain steps that you’ll need to follow in order to start a class action lawsuit, but if you feel like you’ve been harmed then it is the right move to make. The good news is that you’re in the right place for guidance on the steps you’ll need to take for learning how a class action lawsuit works and how to file a class action lawsuit.

Continue reading this article to learn more.

What Is a Class Action Lawsuit?

A class action lawsuit occurs when a group of people that have sustained injuries or harm in a similar manner comes together to file a single lawsuit as a way to seek compensation. This is opposed to a personal injury claim where an individual seeks a settlement for injuries sustained in an incident or accident.

Another descriptor for this type of case is “mass tort litigation”, but know that it is the same thing as a class action lawsuit. Most of the time you’ll see a class action lawsuit filed against a manufacturer or corporation. It happens when their products harm a large group of people.

How To File a Class Action Lawsuit

There are certain steps that you need to take when you decide to move towards filing a class action lawsuit against a company or manufacturer. Following these steps gives you the best chance of getting the settlement that you deserve for the injuries and harm that you sustained as a result of the products the company made and sold.

Here is a closer look at the steps that you need to take.

Have a Class Action Lawsuit Lawyer Review Your Case

The first step to take when you move to file a class action lawsuit is to find a good and reputable class action lawsuit lawyer near you. Read online reviews to try to get a feel for which lawyers are the best options for your needs. This is important because not every lawyer is qualified or experienced with this type of claim.

It is a good idea to make sure that you’re getting help and information from someone that knows what they’re doing when it comes to class action lawsuits. The good news is that most attorneys will offer you a free case evaluation so you won’t need to pay anything in order to figure out if your case is valid.

A good lawsuit lawyer will help you figure out what your legal options are by using the facts that they discover during your initial consultation. One of the most important things they’ll help with is figuring out if you should file a personal injury claim or a class action lawsuit.

The lawyer will look to see if there are any past cases of personal injury claims filed against the company for similar issues or injuries. They’ll also look at the outcomes of those cases to see if you have a good chance of winning your case.

Another thing that your lawsuit lawyer will help you figure out is whether other people suffered from similar damages. After collecting all of that information your class action lawsuit lawyer will determine which course of action is the best fit for your situation and case.

File the Complaint

The next step after discussing your options with your class action lawsuit lawyer is to file the complaint with the court. This starts with your attorney preparing the complaint on your behalf. It involves outlining the facts in your case as well as the damages you sustained. This is where hiring a Financial Justice Now class action lawyer comes in handy.

The document that your attorney prepares will also help to determine if it is better to file a class action lawsuit or to go with a personal injury claim. Your attorney will describe the attributes of your case and go into detail about how many other people were harmed by this product.

Taking this approach helps your class action lawsuit attorney to define the consumers that used the product and got unforeseen consequences that harmed them. They might choose to file at the state level or at the federal level depending on the number of consumers that were harmed.

Judge Approves Class Action Classification

The last step in the process of filing a class action lawsuit involves waiting for the judge to look at the key attributes of your case. They’ll also look at the number of consumers that were harmed. Nothing will happen until the judge approves the case. The judge will take a close look at the facts that your attorney laid out about your case.

Once the judge gives an affirmative ruling, your lawsuit becomes a class action lawsuit against the company. If your case and circumstances are far different from other consumers then the judge will often not sign off on the class action lawsuit. They’ll recommend a personal injury claim.

The worst-case scenario is that the judge will dismiss your claims. This happens if the judge feels like there isn’t much of a basis for your case or your claim to move forward in the legal process.

Now You’re Ready to File a Class Action Lawsuit

If you’ve purchased a product in the past and came to harm from using it, it is vital for your health and your finances that you know how to file a class action lawsuit. There are factors that go into that are outside of your control, but hiring a class action lawsuit lawyer is a great first step.

From there, it is up to the judge whether your claim becomes a class action lawsuit or a personal injury claim.

For more helpful articles, make sure you explore more of our blog.

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