Mark Casto | October 4, 2024 | Personal Injury Lawyer Near Columbus Georgia
The class action lawsuit (not to be confused with multidistrict litigation) is a legal innovation that combines many cases into a single case. This improves judicial efficiency and stops courts from being clogged by a multitude of cases with similar facts. If you want to initiate a class action, however, you’d better know what you are doing.
The Rationale for Class Action Lawsuits
Imagine, for example, that several thousand people become seriously ill due to the same defective drug. Without class action lawsuits, you might see 5,000 cases with similar facts trying to make their way through the courts. Plaintiffs would have to prove the same facts (that a particular drug was defectively manufactured by a particular company, for example) thousands of times. The judicial system could become overwhelmed under these circumstances.
What Types of Personal Injury Cases Most Often Become Class Action Lawsuits?
Class action lawsuits based on personal injury include the following types of claims:
- Injuries caused by defective products (product liability);
- Defective drug claims (product liability);
- Mass exposure to toxic chemicals and
- Medical malpractice claims.
Although class action lawsuits are not limited to personal injury claims, personal injury claims are the focus of this article.
Damages
The categories of damages in class action lawsuits are the same as they are in individual lawsuits:
- Economic damages are easy-to-count damages such as medical expenses and lost wages.
- Noneconomic damages are intangible damages such as emotional distress. They often amount to far more than economic damages.
- Punitive damages are an amount that a court might award if the defendant’s conduct was particularly culpable–deliberate poisoning, for example.
Each plaintiff will not necessarily receive an equal portion of damages. The court will distribute damages among the plaintiffs as justice demands based on the facts of the case. Additionally, the court may or may not award an incentive payment to the party that initiated the class action.
Procedure
The procedure for filing a class action includes filing the initial complaint, certifying the class, notifying the plaintiffs and giving them a chance to opt out, negotiating a settlement (typically), and holding a trial (sometimes).
The Initial Complaint
A class action complaint looks a little different than a complaint for an individual lawsuit. Nevertheless, the complaint must identify and define the class (“Anyone who used ABC Co. manufactured Roxil between 2019 and 2024”, for example). It must include enough information about the class to allow the court to decide whether to certify the class.
Certification of the Class
The judge will rely on the following standards to decide whether to certify the class:
- Numerosity: How many plaintiffs are you seeking to join? You’ll probably need at least a few dozen. A judge might certify your class if it numbers in the thousands.
- Commonality: Are the plaintiffs related by common questions of fact and law? Perhaps they all suffered the same injury from the same medication, for example.
- Typicality: Your claims and defenses must be typical of the class you are trying to certify.
- Adequacy of Representation: Your lawyer must be able to adequately protect the interests of the class.
Speak to your lawyer about joining a class action because the legal standards governing class actions are complex, nuanced, and not limited to the foregoing considerations.
Notification and Opting Out
You will need to notify the members of the class of the lawsuit. Typically, you do this by surface mail (‘snail mail’) or publication, although some courts are now allowing email and social media notifications. You will have to inform the plaintiffs of their ability to opt out of the lawsuit by notifying your lawyer or the court. If they opt out, they retain the ability to file their own lawsuit.
Settlement or Trial
Like any other lawsuit, you can negotiate a settlement or go to trial. The court must approve any settlement so that it has the opportunity to make sure the settlement reflects the interests of the class as a whole. Most class action lawsuits settle out of court.
You Definitely Need a Lawyer for a Class Action Lawsuit
Hiring a lawyer for a class action lawsuit is a practical necessity. These lawsuits are complex, and you will probably never even get the class certified without a lawyer. Act now to schedule a free initial consultation with a Columbus, GA, personal injury lawyer at Mark Casto Personal Injury Law Firm.
Contact the Columbus Personal Injury Lawyers at Mark Casto Personal Injury Law Firm Today
If you were injured in an accident in Columbus, GA, and need legal help, contact our Columbus personal injury accident lawyers at Mark Casto Personal Injury Law Firm to schedule a free case review today.
Mark Casto Personal Injury Law Firm
233 12th St #808, Columbus, GA 31901
(706) 940-4030