Class action cases are complex, but when a group of people have similar injuries or have experienced similar damage caused by a company’s actions or products, class action lawsuits can be a powerful way to seek justice. If you are considering participating in a class action, the following are answers to a few of the most frequently asked questions about these types of lawsuits. We also invite you to call the experienced class action lawyers at Harrell & Harrell for more information.
What is a class action lawsuit?
In class action cases, a group (or class) of people collectively pursue legal action against another party, which is frequently an organization, corporation, or other entity. A class action may also be used by an individual, but that person represents a larger group. The types of claims associated with a class action lawsuit can involve any number of areas of the law, including consumer law, insurance fraud, employment disputes, securities law violations, environmental law, product defects, dangerous drugs, and much more.
Class action suits can be brought under federal or state law and are used to seek compensation for a group of plaintiffs who have all suffered the same type of injury. Often, the lawsuit is filed by a small group of named plaintiffs, who subsequently file a motion to certify a class of people who have also been victims of the same damage or injury. If the class is certified, members of the class receive notice about the case—you may have received some of these types of notices in the mail about a class action against a manufacturer, for example, that misrepresented how well its product performed or sold a defective product that caused injury or damage.
Can I still pursue legal action as an individual?
You may choose not to participate in a class action lawsuit and pursue a case on your own. Depending upon the case and its circumstances, you may or may not have an increased chance of a positive outcome in court. If you do choose to join a class action, however, you may forfeit your right to file a case as an individual. Every person’s situation and needs are different, so it’s important to learn as much as you can before making a decision to take part in a suit. As with most areas of law, the laws governing class action suits change over time, so you should consult a qualified class action lawyer for guidance.
How much does it cost to participate in a class action lawsuit?
Harrell & Harrell, P.A., is one of the few law firms in the state of Florida that will accept commercial litigation on a contingency fee basis. This means that our class action attorneys do not receive payment until a settlement or monetary award is paid.
What do I have to do to be part of a class action case and receive a share of the settlement?
If you were not the individual or one of the named individuals in the small group that filed the suit and filed the motion to certify the class, you do not have any obligations. Should the class action be resolved in favor of the class, you will receive one of the notices mentioned above, as well as instructions on what you need to do to receive a share of the settlement.
If you’d like to learn more about class action lawsuits and how Harrell & Harrell, P.A., can assist you, please contact us at one of our law office locations near you or call us at 904-251-1111 or 800-251-1111.