Class Lawsuits: Can They Help You?

Recent recalls of Vioxx and Bextra prescription drugs from the market due to safety concerns have again had class action lawsuits in the news. What is a class action lawsuit? If you’ve been wronged, can a class action lawsuit help you?

A class action lawsuit is one in which a single law firm or attorney represents a group of people who have been harmed in some common way. The damage may have come in the form of physical damage from a commercial product or perhaps in the form of financial damage caused by a company misleading the public in some way. In the early 1990s, class action lawsuits were filed on behalf of women allegedly injured by silicone breast implants, and now attorneys are filing class action lawsuits on behalf of people allegedly harmed by the use of Vioxx and Bextra.

There are advantages and disadvantages to class action lawsuits. The main advantage is that they allow a group of people, perhaps thousands of people, the opportunity to have their case heard in court without each of them having to file a separate lawsuit. If thousands, or even tens of thousands, of people were to file individual lawsuits against the same company for the same reason, the courts, both at the federal and state levels, could be hopelessly bogged down with nearly identical cases. Another advantage is that it allows individuals who may not individually have suffered sufficient harm to justify a claim on their own to seek compensation as a group or “class” when the harm committed is cumulatively great.

Courts decide whether or not a case should be viewed as a class action lawsuit, as the court must decide whether the merits of the case justify handling the lawsuit that way, and whether or not the attorney or law firm in question can. adequately represent the victims involved. If the case proceeds as a class action lawsuit, only one or two class representatives should appear in court. They will represent the class; not all class members need to be present at the trial.

Once the case is certified as a class action lawsuit, your attorney notifies all parties representing the “class”, either by mail or by public notice. They then have the opportunity to “opt out”, in case they do not wish to be represented in the case by the attorneys in question. Unless notified persons choose not to participate, they are included and will participate in the prize, if the lawsuit is successful. People who choose not to participate can choose to hire their own representation and perhaps file a lawsuit on their own.

Class action lawsuits typically take several years to reach conclusion, especially if the losing party follows suit appeals. However, it is not uncommon for class action lawsuits to be resolved out of court.

As always, if you find yourself in a situation where a lawsuit might be warranted, be sure to consult with a qualified attorney.

Website design By BotEap.com

Add a Comment

Your email address will not be published. Required fields are marked *