A class-action suit is a lawsuit that anyone who has suffered from a physical or economic injury can file against the other person who has caused such injury. It is a legal way of recovering your money from a deal that doesn’t go your way or was unfair in the actual practice. The only condition to start a class action lawsuit is that you need to find people facing similar experiences to call it a class action.
For instance, women who developed cancer after prolonged use of talcum powder have filed class-action lawsuits. If you bought a car from a manufacturer and it is faulty (repossessed or repaired) and has caused you some economic loss, you can file a class-action lawsuit against the car manufacturer for loss (both physical or economical). You will have to find people undergoing or undergone the same circumstance.
But How Do You Do That And Where To Start?
Here are the steps to follow:
Write A Complaint
The complaint should be short and straight to the point. The complaint should be submitted to the judge. It should only include claims made against the defendant, the loss you suffered, and other essential details.
Find Common Cases
To make your complaint strong enough, you need to find similar cases to yours. Find people who have experienced the same inconvenience as you. You can search for the reviews online and see if others have the same experience with the product/service.
This process is known as class identification and acts as certification for your cause. Receive a class certification (a thumbs up to proceed with the lawsuit) from the judge to be at a stronger end.
After you have presented your identified claims, it is upon the court to approve or deny your legal class action.
Identify The Type Of Law That Applies To Your Claim
It is essential to know the type of law that governs your case. Is it an employment law? Securities law? Consumer protection law? And so on.
For instance, employment law covers actions by employees against the company they work in. Securities law covers investor’s grievances related to insufficient disclosure of company information and so on. Consumer protection law covers consumers’ complaints against unfair business practices and so on.
Know the law that covers your class action to get track of the process further.
Find An Attorney
Knowing the type of law that governs your case is essential in finding a class action lawyer. Many law groups only represent a particular type of client, like only consumers or employees.
Hiring an attorney will help you recognize the type of law your class action falls under. Further, having an attorney by your side acts as a legal guide and will help identify class members.
Class Action Approved Or Disapproved
After your class action is approved by the court, they will send mail or emails to everyone classified under class identification. These people can then decide to opt-in or opt-out of the case.
The judge also has the right to disapprove of your class action if he is dissatisfied with the arguments presented. The lawsuit will be dismissed thereafter.
If your class action has been disapproved before, you can resubmit it again after careful consideration.
However, when resubmitting your claims, make sure you present a stronger case with better class identifications.
Filing The Lawsuit
You are sufficient enough to file a lawsuit. Only one person can file a lawsuit and represent many people on their behalf. The only requirement is that all of them should be facing a similar circumstance.
It is not even necessary to find everyone harmed because of a situation. This is specifically what a class action lawsuit is known for.
Other Requirements For Starting A Class-Action Suit
These requirements form an integral part of filing a lawsuit or submitting your complaint in the first place. These will also help in making your complaint more credible.
- In the class identification, other plaintiffs’ problems/injuries should be exactly the same as yours.
- Provide a list of class members so that they are easy to find out.
- The injuries of you and your class members should be the same so that only one person is sufficient to represent everyone in the court
- The class members should be sufficient enough to call it a class action (the number may go as high as 40 members/plaintiff in some courts)
- The injury suffered by you should act as a representative of entire class members.
In short, to start a class action suit, it is necessary to have a valid reason for the complaint, sufficient class members supporting your injury, and an attorney by your side. To learn more, contact us today.