It is good to know that large and powerful companies can be held accountable for their unlawful and negligent practices. If you suffered harm and financial damages due to the negligence of a company, government entity, employer, or another party, you could potentially file or join a class action lawsuit.
According to Rule 42 of the Texas Rules of Civil Procedure, there are certain prerequisites for filing a class action lawsuit. In order to sue as a representative for others, members of a class need to meet these requirements.
The amount of people involved in a case can determine if the parties qualify for a class action. Too many parties involved in smaller, individual suits may be difficult to handle, and a class action can then become the most reasonable way to address the issue.
Participants in a class action must have common claims, and these claims must address the same kinds of legal issues. Additionally, the lead plaintiff and other representatives must preserve the legal wellbeing of the entire class of plaintiffs.
In layman’s terms, this means that a group of plaintiffs in Texas may bring a class action lawsuit forward if they all have similar damages against a certain defendant. Sometimes, filing a class action lawsuit is the only way a group of plaintiffs can fight for justice against a large and powerful organization.
If you think you have a claim that is suitable for initiating a class action lawsuit, or you have questions about joining such a lawsuit, consult an Austin class action lawsuits lawyer at Ben Crump Law, PLLC. Call us today for your free case evaluation at (800) 709-1441.
Types of Class Action Lawsuits
There can be many different types of cases for a class action lawsuit. These include:
- False advertising
- Dangerous drugs
- Defective products
- Exposure to toxic substances
- Unlawful employment practices
- Financial fraud
- Civil rights issues
The “class” in a class action lawsuit is a group of plaintiffs that suffered similar damages such as consumers, employees, investors, shareholders, or patients. If you would like to find out whether you could initiate a class action lawsuit, contact an Austin class action lawsuits lawyer for advice.
For a free legal consultation with a class action lawsuits lawyer serving Austin, call (800) 709-1441
The Lead Plaintiff in a Class Action Lawsuit
The lead plaintiff in a class action lawsuit is typically the person who files the lawsuit and who will be representing the entire class of plaintiffs. They usually have the same or similar damages and injuries as the rest of the class. However, the lead plaintiff will have a number of responsibilities including but not limited to:
- Hiring an attorney for the class action lawsuit
- Providing evidence in the discovery phase
- Conferring with the attorney and expert witnesses
- Attending court hearings and proceedings
- Progressing the case together with the attorney
- Accepting or refusing a settlement
The lead plaintiff will have a lot on their plate. In addition to all the work they have to do, they may also get questioned by the defendant’s attorneys. Lead plaintiffs are typically very heavily involved in the lawsuit and, unlike any other plaintiffs, they also have some control over the direction of the case.
The lead plaintiff has to invest a lot of time and effort into a class action lawsuit while the rest of the class typically just waits until the case concludes. In fact, class action lawsuits may last for years, so a lead plaintiff makes a considerable long-term commitment. Therefore, they may receive a slightly larger settlement in recognition of their efforts and time spent on the case.
Austin Class Action Lawsuits Lawyer Near Me (800) 709-1441
Advantages of Class Action Lawsuits
No Lawyer’s Fees
Being a plaintiff in a class action lawsuit does not cost you anything, so financially you have absolutely nothing to lose. The attorney will typically take their fee as a percentage of the final settlement if there is one.
You Do Not Have to Do a Thing
If you are a member of the class and not the lead plaintiff, you can forget about your class action lawsuit and just go about your life. All you have to do is wait for the outcome and collect your potential settlement.
The Opportunity to Receive Damages
If you suffered only minor injuries or small financial damages due to a corporation’s negligence, an individual lawsuit would most likely not be a good solution for you. In this case, a class action lawsuit can give you the chance to recover your damages and compensation.
Class action lawsuits follow a much more streamlined legal process as any decisions are usually made by one judge in one court. When you compare this to several plaintiffs filing individual legal action, it is easy to see why a class action lawsuit can be a much more efficient way to get justice.
Disadvantages of Class Action Lawsuits
Class action lawsuits are not perfect. In instances where a class action lawsuit is not successful, plaintiffs are generally prohibited from filing lawsuits later on. Also, individual plaintiffs have no say in the strategy or progression of a case, since the lead plaintiff works on the entire class’s behalf.
Another major disadvantage arises when you have suffered great damages and perhaps life-changing injuries due to the neglectful actions of an organization. Settlements in class action lawsuits are not always substantial enough to reimburse you for all your damages and costs. In this situation, it might be advantageous to contact the office of an Austin class action lawsuits lawyer to find out whether you should file an individual lawsuit instead.
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Call a Class Action Lawsuits Lawyer Today
Ben Crump Law, PLLC does not shy away from standing up to large companies and organizations. We can fight strongly and passionately for your rights.
If you suffered harm due to the actions of a negligent company, you do not have to stand for it. Do not think that you are powerless. In a class action lawsuit, you could potentially get justice and recover compensation without the risks, responsibilities, and potential costs that an individual lawsuit could entail.
Call us now for your free, no-obligation consultation at (800) 709-1441.