When one person suffers harm caused by a large corporation or a powerful person, it can be difficult for them to obtain compensation. When many people all suffer harm caused by the same person, corporation, or other entity, it is often easier and more effective for them to pursue justice as a group. Class action lawsuits provide a way for a whole group of people affected by the same problem to receive recompense.
The benefits of a class-action lawsuit include the ability to obtain recompense when the plaintiffs otherwise would not be able to because of legal costs or a small amount of restitution. They ensure that plaintiffs who experienced similar harm are treated consistently and can motivate defendants to settle because of the high number of plaintiffs.
A Fort Worth class action lawsuits lawyer at Ben Crump Law, PLLC may be able to help you with a class-action lawsuit. Call (800) 235-0444 today for a free consultation. A team member can discuss your legal options and the basis of your case.
Definition of “Class-Action”
A class-action lawsuit occurs when a large number of people all suffer the same harm caused by the same person or entity. Instead of filing and defending hundreds or thousands of individual injury claims, the claimants form one group – or “class” – and file a single lawsuit in civil court.
Class action lawsuits are typically filed against a corporation, a retailer, an employer, the government, or another large entity. They enable people with small claims or limited means to band together and take action against a powerful defendant.
There are a wide variety of wrongful actions that could cause a class-action lawsuit, but the most common types of class action lawsuits include:
- Defective products
- Environmental hazards
- Discriminatory practices
If you know that other people in the Fort Worth area as well as yourself or your loved ones suffered because of the actions of the same person or company, a class-action lawsuit could help you to recover your losses.
For a free legal consultation with a class action lawsuits lawyer serving Fort Worth, call 800-709-1441
How Class Action Lawsuits Work
Texas Rule of Civil Procedure 42 gives any citizen of Texas the right to bring a class-action lawsuit on behalf of a group of people. The individual or individuals who bring the lawsuit are called the class representatives. To fulfill the requirements of a class action, your suit needs to meet the following standards:
- The class is so large that individual lawsuits are impracticable.
- There are questions of law or fact common to everyone in the class.
- The claims and defenses of the class representatives are typical of the claims and defenses of the whole class.
- The class representatives will fairly and adequately protect the interests of the whole class.
In addition to these standards, there are a number of other requirements to be able to bring a class-action lawsuit successfully. Some of the requirements for a class-action lawsuit in Texas include:
- Bringing separate action for each member of the class creates a risk.
- The class must be certified as such by a Texas court before it can proceed to trial.
- Everyone in the class must receive notification of the lawsuit.
- Class members can accept or opt out of the class.
- If the defendant settles, a judge must approve the amount of the settlement and the compensation paid to lawyers.
Since class actions can result in very high payouts by the defendant, the defendant typically argues to have the case dismissed by questioning whether it meets all the requirements of a class action. Class action cases often last for several years or longer.
Class action lawsuits are complex and difficult by nature. However, the team at Ben Crump Law, PLLC does not shy away from tough cases. We welcome a challenge, and we will work to pursue justice on your behalf.
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Recoverable Damages in a Class Action Lawsuit
When you suffer because of the actions of another person, you are often entitled to receive compensation for your losses. The damages you and the rest of a group can recover in a class action lawsuit depend on what the wrongful action was, but possible recoverable damages include:
- The cost of a defective product
- Medical bills
- Loss of earnings
- Pain and suffering
- Mental anguish
You deserve to receive compensation when you suffer from someone else’s wrongful actions or negligence.
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How the Statute of Limitations Could Affect Your Lawsuit
A statute of limitations is a state law that puts a deadline on bringing legal action after a wrongful event occurs. Texas Civil Practice and Remedies Code § 16.003 states that the statute of limitations in Texas is two years for claims involving personal injury and property damage.
Most class actions are likely to fall under this statute, but the limitation can vary depending on the situation. For example, the statute of limitations for fraud and breach of duty is four years. There can also be rare exceptions to statutes of limitations, so it may a good idea to consult a Fort Worth class action lawsuits lawyer to be sure you know what your time limit is for your class action case.
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The Team at Ben Crump Law, PLLC Is Here to Help
When you have a case that affects a great number of people, the legal action is often complex and time-consuming, but also can be very rewarding. At Ben Crump Law, PLLC we are here to help with your class action lawsuit. Our team can handle all the facets of a complicated case so you can avoid this stress and focus on recovering from the wrong that was done to you.
To pursue justice for you, our team can investigate the defendant’s actions, collect evidence, meet the class action requirements, argue for your claims in court, and firmly negotiate for a fair settlement.
Call the team at Ben Crump Law, PLLC at (800) 235-0444 today to schedule a no-cost, no-obligation consultation on your class action lawsuit. A Fort Worth class action lawsuits lawyer may be able to help you and everyone else involved. We work on a contingency fee basis, so you will never owe us anything unless we can negotiate a fair settlement for you or win your case at trial.
Call or text 800-709-1441 or complete a Free Case Evaluation form