Class Action F.A.Q.’s

 

1. How many people must be involved in a case before it becomes a class action lawsuit?

There is no set number of people that must be involved in a particular case in order for a case to become a class action. For a class action to be appropriate, the number of injured individuals must be large enough that it would be unrealistic for all the injured parties to actively participate in the lawsuit. Oftentimes you will hear of class action lawsuits identified as a result of injuries or death because of a certain drug. In most cases, these situations involve thousands of people in which case a class action is appropriate.

2. How do I join a class action lawsuit?

Oftentimes you will see notices or advertisements indicating whether or not you need to take any further action to participate. These notices might indicate that if you’ve experienced certain injuries or symptoms, that you should contact an attorney, or the organization listed, to seek compensation. In rare instances, you may receive a claim form by mail telling you that completing the form is necessary to be included.

3. If I have a claim, should I file my own lawsuit?

It really depends on the situation. Sometimes class actions seek to recover damages for a large number of people, but the individual damages of each person may be small. In these cases, an individual lawsuit is probably not necessary. However, if a person has substantial damages, an attorney should be contacted to assist in making the decision of how to file the claim.

4. How do the lawyers in a class action lawsuit get paid?

Lawyers who participate in a class action lawsuit generally work on a contingency fee basis, and only get paid when the case has been successfully resolved. Attorney fee awards are subject to court review and approval, and are based on a percentage of the award. The level of percentage may be adjusted higher or lower depending on the specific facts of a case. Lawyers may also be paid by the plaintiffs that hired them, or by the defendants if the plaintiffs win. In any case, the attorneys will advance expenses an costs associated with pursuing the case.

5. How long does it take for a class action to be settled?

The amount of time it takes to settle a class action can take a few months or several years, depending on a variety of factors. These factors include, the number of class members involved and how easily compensation for each member can be determined.

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