A lawsuit is a suit, an action or a cause initiated by two individuals and/or parties in the court. The main parties of the procedure are the plaintiff and the defendant. The plaintiff submits a claim against the defendant who probably has caused a loss for the plaintiff. The sufficient number of evidence is necessary to ground the order or decision which the court issues.
The traditional lawsuit differs from a class action one. The class action lawsuit is a court procedure with a number of people involved having an aim to sue the defendant who may be an individual or a company. In such cases, a person may collectively represent a group of other people who had the same injuries because of the acts of the defendant. Personal injury law states: “plaintiff initiates class action suits to demand compensation for a group of people who suffered injuries. The defendant carries all the responsibilities…”
In fact, the widely known cases of class action lawsuit refer to pharmaceutical drugs, credit card fraud, dangerous and/or unhealthy products etc. For example, a group of people has been injured or caused some sickness by a certain type of drug? Consequently, they can join together in a class-action suit against the drug’s manufacturer. Internationally known cases are the Talcum Powder, Johnson’s Baby Powder Lawsuit etc. where a group of people files a class action to punish the companies because of which products’ women suffered cancer.
Ways to file a class action lawsuit
When you decide to file a class action lawsuit, hire an experienced attorney to handle the lawsuit properly. Your attorney will support you as a plaintiff and determine whether you should file a class action lawsuit or not. When the attorneys find it necessary to initiate a case, he/she starts to evaluate the number of injured people. The another step to take is to check the complaint filing sheet provides by the civil court. This is necessary to accomplish the initial filing of the class.
Besides this filing sheet, you as a plaintiff must also file an actual complaint which includes the allegations of the current lawsuit. After all these actions you can serve a claim on the defendant. One of the most important steps is when the court certifies the class (differs from state to state). After the class is certified, the case enters into the pre-trial procedure.
Types of class action lawsuit
Class action lawsuits differ based on the origin of disputes and problems which cause damages not only to an individual but a number of other people. The main causes of class action are:
- Defective products such as consumer products, vehicles, prescription drugs etc.
- Fraudulent business practices referring to various services such as phone, banking, cable TV etc.
- Claims of stockholders related to security fraud etc.
- Claims related to the employment when the employer violates the employee’s labor rights including discrimination and wage/hour disputes etc.
The lead plaintiff, who is he/she?
The lead plaintiff is one of the victims whom the court chose as a representative of others. By choosing that one as a lead plaintiff, the court is sure that his/her experiences and needs mirror the same of the average class member. In fact, the lead plaintiff is the first to bring a claim to the court and to the attention of attorneys involved in the procedure.
The lead plaintiff may be either an individual or a small group of people. Why a group? There may be cases when thousands or even millions of people may be affected by the defendant’s unlawful acts. Actually, the main function of a class action lawsuit is to allow a large group of people having similar injuries to sue the person or company that has caused the injury. This type of lawsuit is a good alternative for many people not to have a separate case but a group one. This enables to reach to the better solution for all victims.
Injured financially or physically by a company or an individual which/who caused the same harm to others as well? We advise you not to hesitate and contact an experienced class action attorney to settle the case in your favor.