Businesses, big or small, owe their customers a duty of care—a legal obligation to take reasonable steps to prevent harm to those who buy their products or use their services. However, if the contrary happens and results in harming groups of people, these companies must face the consequences of their negligent, thoughtless, or reckless actions.
Not everyone affected by a defective product, drug, environmental hazard, or discriminatory practice has the resources or capacity to pursue litigation independently. When you suffer injuries, know that you have the legal right to collect damages from those liable. You can consult a Jacksonville class action lawsuits lawyer from Ben Crump Law, PLLC, to discuss your legal options. Call (800) 709-1441 to learn more.
How Class Action Lawsuits Work
Class action lawsuits are like individual cases, but with one significant difference—they involve multiple people who suffered similar injuries in a similar manner from the same at-fault party. Those affected by a defective product, a drug with harmful side effects, a toxic substance that the business assured customers was safe to use, or discriminatory acts could join together to sue a common liable party—say, a large corporation or organization with a strong legal defense team.
For a class action to proceed, it must undergo a class certification. The court certifies a class if it meets all the requirements of Florida Rules of Civil Procedure (Fla R Civ P) §1.220. Moreover, the court must establish that a class action is the best remedy for financial relief to those injured.
Once a class gets certified, a Jacksonville class action lawsuits lawyer could send out notices to potential parties to the case. They will receive details of the legal action, but they also have the right to opt out of the class action. As such, they will not receive a portion of the settlement should the group win in court.
For a free legal consultation with a class action lawsuits lawyer serving Jacksonville, call 800-709-1441
Determining Whether You Have a Class Action Case
Not all cases can qualify as class action lawsuits. The following list includes a few essential elements it must have to qualify.
One aspect that distinguishes class actions from traditional lawsuits is the number of plaintiffs or people seeking compensation. Some courts may certify a group of at least 40 injury victims. However, larger cases may involve hundreds or thousands of affected people.
Similarity of Facts or Questions of Law
All claims under a class action lawsuit should possess a similar set of facts or ask the same questions of law. In this way, the court no longer needs to review each case individually but collectively evaluates the filed suit.
Commonality of Claims
In a class action suit, every individual claim must have something in common with others in the group. For instance, all affected people suffered the same injuries from using a product or exposure to a substance or drug.
Every class action lawsuit requires representatives, who are often plaintiffs with the most damages. These named individuals must adequately represent the entire group’s interests, not only theirs.
You can speak with a Jacksonville class action lawsuits lawyer from Ben Crump Law, PLLC, to determine whether you have a case. They can also determine if an ongoing or pending case might apply to your situation. Reach out today to speak with a team member.
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Reasons to Pursue a Class Action Suit
A class action lawsuit offers many benefits that individual litigations cannot match. Here are a few reasons to consider proceeding with one.
A More Streamlined Legal Process
The court must only hear a single class action lawsuit instead of addressing multiple claims alleging the same facts and injuries. By combining similarly situated cases together, the process becomes more efficient and takes less time.
Individual claims often lack strength on their own—the defense often finds a loophole to have one dismissed. With a class action lawsuit, the situation changes. With more affected people coming forward, the issue receives greater attention and bolsters claimants’ allegations. Chances of financial recovery also increase with multiple class members.
Members involved in the lawsuit share litigation expenses in a class action. Moreover, most class action lawyers work on a contingency fee basis, only receiving payment if they win a settlement or court award.
A More Experienced Legal Team
Individual lawsuits mean lawyers of various abilities pursuing the same claim. However, if you decide to go through with a class action, you could work with a Jacksonville class action lawsuits lawyer who has the knowledge and expertise to handle complex legal matters.
A Chance for Relief
Claimants with minimal damages might not be motivated to go after larger corporations with high-powered legal teams. However, a class action lawsuit makes it more practical to seek compensation for their damages.
Florida Limits Potential Litigants in Class Actions
Federal and state courts handle class action lawsuits, but more people prefer to bring their cases with the latter, due to their reputation for being fairer with verdicts. If you choose to pursue litigation in Florida, you must understand the limitations of doing so.
According to Florida Statutes §768.734, only the following are eligible as class claimants:
- Residents of the state during the time of the misconduct.
- Affected nonresidents who cannot pursue a claim against the liable party in their home state.
- Nonresidents of the state who suffered harm while in Florida.
Keep in mind that you generally have four years to file a personal injury lawsuit under Florida Statutes §95.11, and other statutes could also affect your class action suit. Thus, when gathering potential participants for your case, you might want to consult a Jacksonville class action lawsuits lawyer. They have experience with these legal actions and know the relevant laws concerning them.
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Turn to Us for Legal Support
In most lawsuits, the difference between winning and losing a case comes down to the legal support you have. A Jacksonville class action lawsuits lawyer could provide the support you need to hold companies accountable for their misconduct or negligent actions. An attorney can review your case, investigate the circumstances, and build a claim for fair compensation to all the members of your class action lawsuit.
Call Ben Crump Law, PLLC, today at (800) 709-1441 for a free case review with a team member.