Posted on Friday, January 31st, 2020 at 1:54 pm
If you have been injured by a defective product, harmful drug, or another unexpected incident that has likely affected others in the same way, it may be in your best interest to band together with other victims to file a class-action lawsuit.
What are the benefits of filing a class action lawsuit?
In many instances, filing an individual lawsuit against a defendant will not put enough pressure on them to make a real change. Class action lawsuits are the most effective tool to force real change and mold the future for those who come after you. For example, Brown v. Board of Education was a class action lawsuit. Without it, it may have taken years longer to catalyze the movement and secure the rights of millions of Americans.
Who can file a class-action lawsuit?
Anyone who has been injured because of someone else can file a class-action lawsuit if they have already gathered at least a few dozen other people who suffered in a similar way.
What does the process look like?
Generally, this is how the class action lawsuit will proceed:
- The lead plaintiffs will file a “class action complaint” that has been drafted by their lawyer. The complaint will describe the events that led to the plaintiffs’ injuries and demand compensation for both the plaintiffs and for all other participants in the class action.
- A judge will review the plaintiffs’ claims and determine whether the case can proceed as a class-action suit. When reviewing the complaint, the judge will determine:
- Whether enough people have been injured to qualify for a class action suit, or if it would be better for them to file individually
- Whether the members of the class have all suffered the same injury
- Whether the lead plaintiffs’ injuries are significantly worse than the other plaintiffs
- Whether the attorneys representing the lead plaintiffs are qualified to handle complex litigation
- If the judge approves the case to be classified as a class action, then all potential plaintiffs are notified. For example, if the case pertains to a defective drug, then all of a pharmacy’s customers who are taking that drug must be notified in writing that a class action lawsuit is being filed against the pharmaceutical company. This gives all potential plaintiffs a chance to join and win compensation.
- Class action suits are usually settled out of court and the plaintiffs are notified of their compensation and how to claim it.
Contact a New York Class Action Lawyer Today
If you are thinking about filing or joining a class action, you need expert legal representation on your side. The New York class-action attorneys of Hach & Rose, LLP, are dedicated to helping individuals take action against the parties that have wronged them and are ready to fight for you. Call our office at (347) 318-9604 today.