Before we proceed any further, it is important to define the word class action lawsuit. A class action lawsuit occurs when two or more individuals come together with an agreement not to sue each other individually but to bring a class action lawsuit against every entity and person that they come into contact with. You may have seen class action lawsuit ads on television and in magazines.
Class action lawsuits are very exciting and many people sign up for these types of cases out of curiosity only to find out that they do not win any money or that they were put on a fraudulent class. Many people are put off from pursuing a class action lawsuit for a variety of reasons; let us first look at what actually occurs in a class action lawsuit.
Class Action Lawsuit OPM
When a class action lawsuit occurs, the plaintiffs are allowed to join as a plaintiff with other plaintiffs and any named defendants and all the attorneys that will be involved in the case. The plaintiff and defendant each select a legal counsel, whether prose or through a company or other outside counsel to represent them in the case. Once the defendant accepts the representation of counsel, they agree to assist the plaintiff and any named defendants with any discovery requests, negotiating settlements or otherwise participating in the case.
At the start of the case, each plaintiff will receive an amount of money called a “baker’s fee” which is paid directly to them by the defendant or the plaintiff.
The lawyers are paid a percentage of the actual settlement amount or a flat fee for handling the case. Sometimes the case does not go to trial and both sides to settle the case out of court. In this case, both sides are generally informed of the terms of a settlement long before they take a case to court. Then, a jury will decide the case and the plaintiff and defendant each pay a certain amount of money to the jury who then divides the funds amongst the named defendants. There are even cases in which the jury does not resolve the case goes to trial.
Many people wonder if they can use a class action lawsuit to file a personal injury claim against someone other than a commercial entity.
Yes, you can. If a person or group of people sustain an injury as the result of another’s negligence, then they can bring a class action lawsuit on their own behalf. This is called a “whistleblower class action.” The government and some private parties had used class actions in the past, though it is not quite as popular today as it was in the past.
Private parties also bring lawsuits in the form of a class action lawsuit when they feel the government has been less than forthcoming with their promises.
For example, if the United States government passed a bill promising to reduce your debt, but instead increases your debt, then you may wish to bring a lawsuit to force the government to honor its commitments. Many companies are now using class action lawsuits in order to make a point about how they treat their customers. Some companies have gotten into hot water over class action lawsuits, which often ends up forcing the company into class action litigation.
So, whether or not you wish to file your own lawsuit is not the question.
What is the question is whether you feel your rights have been violated by a particular company, and if so, do you have the resources available to file a successful lawsuit against the company? If you have been injured due to the actions or negligence of another, then filing a class action lawsuit is a great way to get the compensation you deserve. Whether or not you choose to file your own lawsuit, if you have suffered injuries because of another person’s or group’s negligence, then a class action lawsuit is right for you!