If a corporation or business has been negligent and attempted to maximize profits over the safety of their workers, clients, or customers, a class action lawsuit can be a powerful tool for getting justice and compensation.
Filing a lawsuit as a single person against a large corporation may not only be daunting and expensive, it also might not be worth it, especially if an individual suffered only a minor injury. In a class action lawsuit, on the other hand, a group of harmed individuals, the plaintiffs, can come together to fight for justice and compensation as an entity, or a so-called “class.”
If you are considering opting into a class action lawsuit or initiating such an action, consider speaking to a New Orleans class action lawsuits lawyer for guidance. Call Ben Crump Law, PLLC, now at (800) 709-1441 to speak to one of our team members about your potential class action lawsuit.
Examples of New Orleans Class Action Lawsuits
A number of plaintiffs with similar damages or injuries come together to file a civil lawsuit in a class action lawsuit. Examples of class action lawsuits can include:
- Environmental pollution and contamination
- Defective products
- Securities fraud
- Toxic substance exposure
- Defective drugs
- Civil rights violations
- Workers’ rights violations
- False advertising
- Data breaches
As per Louisiana Code of Civil Procedure (CCP) §591, civil lawsuits filed in the state have to meet specific conditions to qualify as a class action. Likewise, the Federal Rules of Civil Procedure Rule 23 prescribes that a sufficient number of plaintiffs must come together, thus rendering individual lawsuits impractical. Also, the claims of the plaintiffs must be sufficiently similar to qualify as a class action lawsuit.
If only a handful of plaintiffs have a similar claim against a corporation, a class action lawsuit may not be appropriate. The same applies if there are many plaintiffs; however, their damages are not similar and vary widely.
For a free legal consultation with a class action lawsuits lawyer serving Orleans, call (800) 709-1441
Compensation in Class Action Lawsuits
If the class wins the lawsuit and a court awards a settlement, each plaintiff will receive their portion of the final payout. As a general rule, all plaintiffs in the class should receive the same amount of compensation. While receiving hundreds or thousands of dollars is not entirely unheard of, individual payouts generally tend to be smaller in class action lawsuits. However, if you suffered only minor damages, the settlement you receive might more than cover your losses.
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How You Receive Your Due in a Class Action Lawsuit
Plaintiffs will typically either receive an email or a letter informing them that they are due to receive a settlement. The notice will also detail how to claim their compensation. Plaintiffs may have to file a claims form on a website. Sometimes, members of the class receive their compensation automatically.
A Class Representative Progresses the Lawsuit
A class representative, also called the lead plaintiff, typically works on progressing the class action lawsuit while the rest of the plaintiffs await the outcome. The class representative is usually the plaintiff who filed the initial lawsuit. The lead plaintiff typically has the same or similar damages as the other class members.
A lead plaintiff’s duties in a class action lawsuit, which can be time-consuming and extensive, will typically include:
- Selecting and hiring an attorney for the lawsuit
- Attending various court dates, such as hearings and depositions
- Communicating regularly with the attorney to advance the case
- Attending and partaking in settlement negotiations with the defendant
- Deciding on accepting the final settlement
Since a lead plaintiff usually dedicates a considerable amount of time and effort to advancing the class action lawsuit, they can, in some cases, recover a larger settlement than the other class members.
If you are wondering whether you could initiate a class action lawsuit, you can speak to your New Orleans class action lawsuits lawyer for advice and guidance. Call Ben Crump Law, PLLC, today for a free case consultation.
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Advantages of a Class Action Lawsuit
Class action lawsuits can have several advantages for plaintiffs, including:
Low Litigation Costs
Class action lawsuits are usually handled with “no win, no fee” agreements. This means that an attorney will claim their fee only if the lawsuit is successful. There are no upfront attorney costs for plaintiffs. The fee will come out of the final settlement, so all plaintiffs share the litigation costs.
Since one judge and one court handle a class action suit, litigation is typically more streamlined when compared to individual lawsuits in different courts. The lead plaintiff and attorney handle the entire claim on behalf of the class, making a lawsuit efficient and possibly less time-consuming.
A corporation that faces a class action lawsuit with hundreds or perhaps thousands of plaintiffs may want to settle such a claim quickly to avoid negative publicity. Strength in numbers can be a considerable advantage in class action lawsuits.
A class action lawsuit helps plaintiffs receive a portion of an overall settlement without having to initiate a possibly time-consuming and expensive individual lawsuit.
When to Consider an Individual Lawsuit
Class action lawsuits can be an effective tool for receiving compensation when your damages are minor. However, if you suffered a serious injury due to a corporation’s negligence, resulting in a large financial loss, a class action lawsuit may not be the best way for you to get justice and recover your due. In this case, you could choose to opt-out of a class action lawsuit and pursue compensation in an individual claim or lawsuit.
Opting out protects your rights to individual litigation against the company later on. This gives you the opportunity to pursue compensation for your individual losses and damages.
A New Orleans class action lawsuits lawyer can help you understand the best way forward in your specific case, whether opting into a class action lawsuit or filing an individual legal action.
Contact Your Class Action Lawsuits Lawyer Today
If you have received an email or letter asking you to opt into a class action lawsuit, consider your options carefully. Call Ben Crump, PLLC, today for a free consultation to determine your best course of action. You can reach us at (800) 709-1441.