When the negligent acts of one or numerous companies result in simultaneous harm to many people, it may result in a mass tort, which is also known as a class action lawsuit. The purpose of a class action lawsuit is to condense multiple cases to be heard at one time as well as for attorneys to represent the interests of a large group of people and to mitigate a change in the manner companies perform business.
Holding businesses accountable for acts that cause widespread harm to multiple victims provides relief to the victims and their families but it also provides the motivation needed for companies to effect real changes that they may have refused to enact in the past.
How Multiple Cases Become a Class Action
Before a class action lawsuit can be formed, it first must be proven that multiple plaintiffs have a valid complaint or claim and that it would be both fair and efficient to hear many of the cases at one time as opposed to handling the cases independently.
Once an attorney is able to certify before a judge that his or her client and case provide a fair representation of the interests of the entire group that is affected, the case may proceed as a mass tort. Every state handles mass torts in a different manner and some class action lawsuits may be presented in federal courts instead if the plaintiffs are spread across multiple states.
Misconceptions about Class Action Lawsuits
Many people believe that the interests of every single person affected by a negligent act or product defect are represented in a class action lawsuit and that the judgment rendered automatically impacts all of those who may have a claim against the defendant. In reality, plaintiffs are permitted to opt out of a class action lawsuit if they do not wish to be subject to its result and wish instead to pursue a separate case against the defendant.
There are advantages to participating in a class action as well as to opting out and a qualified personal injury lawyer would be able to review your case and best advise you on which legal option makes better sense for you.
Some class action lawsuits involve mass injuries that can vary significantly between plaintiffs, making it impossible to determine a fair amount of compensation to be divided among the numerous victims. Examples of these types of cases include defective products such as transvaginal mesh devices or recalled drugs that have caused adverse effects which vary on a case by case basis. Mass injury cases are handled differently than cases in which each plaintiff may be awarded the same damages so it is possible to participate in a class action which will still result in a fair amount of compensation.
How Rosenfeld Injury Lawyers LLC Can Help Protect Your Rights in a Class Action Setting
We understand that you may have many questions about how the legal process works and whether you should participate in a class action lawsuit. As stated previously, the main purpose of a class action is to allow many cases to be heard at once and to come to a resolution over a much shorter period of time than if each case was heard separately.
Our qualified and experienced class action attorneys are constantly informed of the latest information and progress of pending mass torts and can let you know whether it is in your best interest to be represented as part of a group or individually. Because there are so many factors that contribute to the probability of success both as part of a class action and filing individually, we will evaluate all of the details of your case before giving you a recommendation on how to proceed.
Contact us today for more information and to set up a free consultation with an attorney to discuss your rights in a particular class action. We are more than happy to investigate your claim and assist you in making every critical step that is necessary toward collecting the compensation that you are entitled to by law. If we are unable to collect compensation on your behalf, you will not be required to pay us for our advice or services.
Our office is actively prosecuting the following cases that are either presently classified as class actions or may be certified in the future: