If you are part of a group that has suffered similar injuries of the same cause, you may have grounds to file a lawsuit for your injury. Your priority should be to get the treatment you deserve to make sure you are healthy and recovering. Then, you can begin to think about building and filing your case. Early in that process, it might be wise to reach out to a Bakersfield class action lawsuits lawyer.
When you speak to a lawyer, you can explain the details of your injury, its cause, complications, and any other pertinent information that can help establish your case. Based on that information, the lawyer can advise you on whether you may have a case for a class action lawsuit.
If you are a victim, you deserve justice, regardless of whether you get it as a group or an individual. However, if you are a group member who suffered from the same injury, it may be more feasible for you to file a lawsuit as a group than individually. If you believe that may be the case, call the team at Ben Crump Law, PLLC, today. We can help you determine the best next steps for your circumstances.
Pursuing a class action lawsuit is not a simple process, but if you have the grounds to do so, we may be able to help you file a case that will get you the justice you deserve. We are eager to speak to you, so give us a call today for a free consultation at (800) 709-1441. If our team does not win your case, you pay us nothing.
The Reason for Class Action Lawsuits
All victims deserve justice. In our society, filing lawsuits within the civil justice system is one way individuals go about getting it. When negligence harms you in some way, you have the right to pursue civil justice by filing a lawsuit against the responsible party. If you are part of a group in which many members have been harmed in the same way as a result of the same type of negligence caused by the same party, you all have the right and grounds to file nearly identical lawsuits against the liable party.
If each of you were to do so, there would be too many of the same lawsuits being simultaneously handled in the courts. Courts have determined that, in some cases, it is simpler and more efficient to join plaintiffs together in a single lawsuit than to handle many similar lawsuits individually.
For a free legal consultation with a class action lawsuits lawyer serving Bakersfield, call (800) 709-1441
How a Lawsuit Becomes a ‘Class Action’ Lawsuit
Contrary to common assumption, you cannot “file” a class action lawsuit. You can “propose” a class action lawsuit. If you are interested in proposing a potential class action lawsuit, a Bakersfield class action lawsuits lawyer can help. A lawyer will evaluate the details of your case, including the harmed class of people you want to represent, your injury, and who harmed you. If, based on those facts, your lawyer believes your case will gain class action certification by the courts, they can file the case on your behalf and apply to have it certified. If, upon its review, the court agrees to certify the lawsuit, it will then officially become a class action lawsuit.
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Requirements for Class Action Certification
Because class action lawsuits vary widely, there are no specific, detailed requirements a lawsuit must meet to be granted class action status. Cases are instead evaluated on a case-by-case basis by a judge who will oversee the case. Judges typically base their decisions on a case’s degree of “reasonableness.” A judge will evaluate the following elements when deciding whether to certify a potential class action lawsuit:
- The plaintiff must have a valid legal claim against the defendant. There must be sufficient evidence to suggest that a defendant’s negligence caused a certain type of injury and that, as a result, they are liable for the damages they have caused.
- There must also be sufficient evidence to show that the class members suffered the same injury due to negligence. This type of evidence may come in the form of medical or financial records, depending on the type of lawsuit. A lawsuit alleging that a product caused a specific injury must be supported with medical documentation to show the entire class suffered that exact injury. The class cannot allege that a product injured them but support that with evidence showing they were all injured in different ways.
- There must be a “lead plaintiff(s)” that the judge believes can fairly and responsibly represent the class. The judge must trust that the plaintiff is sincerely seeking justice for all class members, not pursuing special treatment or rewards. The lead plaintiff must also be a dependable person because they will be relied upon to help complete certain case-related tasks, such as notifying other class members of the lawsuit.
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Lead Plaintiff(s) in a Class Action
The lead plaintiff is the person who initially proposed and filed the case. In a civil lawsuit, the victim, or “plaintiff,” brings a lawsuit against the defendant who harmed them to hold the defendant liable for their negligence in hurting the plaintiff. In the case of a class action lawsuit, there may be thousands of plaintiffs. Because it is not feasible for all plaintiffs to be actively involved in the lawsuit, the individual who filed the lawsuit becomes the “representative,” or lead plaintiff, for all the other plaintiffs.
If you believe your injury results from negligence and is representative of what a larger group suffers from, you may be eligible to file a lawsuit to represent the group in getting justice. It might be helpful to speak to a Bakersfield class action lawsuits lawyer to learn more about whether your lawsuit may meet the class action certification requirements.
If you are interested in seeking justice for your class, Ben Crump Law, PLLC, wants to help. Call our team today for a free consultation at (800) 709-1441. Let us evaluate your case and see how we can help. If we do not win your case, you pay us nothing.
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