A defective product, part, or medicine rarely affects only one person. When adverse harm is caused to multiple consumers, they could each seek a remedy in court by filing a personal injury lawsuit against the maker or distributor of that defective product.
Unfortunately, all those separate lawsuits can work against the plaintiffs because any company will be ill-equipped to simultaneously litigate dozens, if not hundreds, of lawsuits. That is why class action lawsuits protect consumers by providing a viable remedy for holding negligent parties accountable.
Filing a class action lawsuit is not something you could do on your own. You would need the benefits of experienced attorneys who understand the complexities of these types of cases. The Barrera Law Group, LLC has years of experience with help groups of clients file mass tort lawsuits. We understand the laws and the boundaries of these kinds of cases. Most importantly, we know what it takes to prevail.
You might discover that there is already an active class action that you can be a part of. Those attorneys will be in the best position to provide you with guidance about the prospects of an ongoing class action lawsuit.
Before joining a class action lawsuit as a plaintiff, it will help to understand how class action lawsuits protect consumers.
Federal and State Law
The Federal Rules of Civil Procedure (FRCP) establish requirements for class actions in federal courts, and many states have adopted similar rules. A few states have their own class action rules, which may differ considerably from the federal model.
The Class Action Fairness Act of 2005 allows defendants to remove a class action from state to federal court if the amount in controversy is more than $5 million.
Legal Requirements for Class Actions
Before a class action lawsuit can proceed, a court needs to certify the action. In other words, it needs to be established that there’s a case. For that certification to happen, the court must find the following:
- The class is so numerous that the joinder of all members is impracticable
- There are questions of law or fact common to the class
- The claims or defenses of the representative parties are typical of the claims or defenses of the class
- The representative parties will fairly and adequately protect the interests of the class
The court will appoint the class counsel, typically the named plaintiff’s attorney, as part of the certification process. Once the court has certified the lawsuit, a notice will go out, inviting anyone similarly wronged to join in with the action. There will be deadlines for joining, and once the deadline passes, you won’t be able to sign on.
It is important to know that you can opt out of a class action lawsuit and pursue an individual lawsuit, which can mean more delays. If you join a class action lawsuit, you will likely not have to pay any legal fees. Those expenses will be deducted from any final settlement.
Settlement of Class Actions
When a class action lawsuit finally gets underway in a courtroom, it often becomes evident to the defendants which way the case is headed. That could provoke the named companies to offer a settlement. If the offer is accepted as fair, the case will be dismissed, but only after the judge has approved the settlement amount.
If everyone agrees to the settlement, the amount will be equally divided among the plaintiffs, less the attorney fees. If you accept payment, you’ll need to sign a release against making any future claims.
Additional Ways a Class Action Lawsuit Protects Consumers
The money you directly receive in a class action lawsuit settlement is important. However, there are several additional ways that a class action lawsuit protects consumers. Consider the following:
Deterrence
When a company is held accountable, directly impacting its bottom line, it can encourage other companies to follow suit and engage in fair and honest practices. This can benefit all consumers.
Policy Changes
A class action settlement often requires companies to modify their business practices.
That could mean adding extra safety protections in the design of the product or more warnings.
For instance, child safety caps on over-the-counter medications are the result of a class action settlement agreement. That makes everyone buying those products safer.
Consumer Education
A class action settlement exposes company practices and can expose elements that are harmful to the public. Parts of the settlement can go towards education. As part of the 1998 settlement agreement with the tobacco industry, billions were allocated to individual states to spend on anti-smoking campaigns.
The Role of Experienced Attorneys
To prevail in a class action lawsuit, you need a team of skilled attorneys who will devote all the resources of their office to the cause. The Barrera Law Group, LLC, has been involved in such actions with the following cases:
- NEC baby formula
- Philips CPAP machines
- 3M Combat Arms earplugs
- Roundup weed killer
- IVC filters
- Hernia mesh
- Talcum powder
- And more
We understand a class action lawsuit’s challenges but won’t back down from a fight, and we’re happy to answer any questions you might have about a pending class action lawsuit.
With a class action lawsuit, there’s strength in numbers.