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What Does a Class Action Lawsuit Lawyer Do?

Injury Lawyer Team > Legal Advice  > What Does a Class Action Lawsuit Lawyer Do?

What Does a Class Action Lawsuit Lawyer Do?

What Does a Class Action Lawsuit Lawyer Do?

Class actions were first recognized in the U.S. in 1820 and became widespread with the adoption of Rule 23 of the Federal Rules of Civil Procedure in 1966. Suppose many people are harmed by the same product or action; a class action lawsuit allows their claims to be combined into a single lawsuit, making legal action more efficient and accessible.

Class action lawsuits are essential to the legal system, particularly when powerful entities cause widespread harm. A class action lawsuit lawyer plays a vital role in ensuring justice for individuals who otherwise would not have the resources to challenge big corporations on their own. 

This blog will explore what class action lawsuit lawyers do, how they work, the benefits they provide, and why their role is crucial in upholding justice. We’ll also examine specific examples of class action lawsuits, discuss eligibility, legal options, and outline the class action litigation process.

Contact us today for a free consultation with our personal injury lawyers. We’ll fight for your rights and help you get the compensation you deserve.

What is a Class Action Lawsuit?

A class action lawsuit is a legal process that allows one or more plaintiffs, called class representatives, to file a lawsuit on behalf of a larger group of individuals who have suffered similar harm due to a defendant’s action or negligence. Typically, class actions involve situations where a large number of people have been affected, such as by a defective product, data breach, environmental disaster, or unfair business practice.

The class action litigation is especially beneficial when the damages to each individual are minor, making it impractical to pursue separate lawsuits. Instead, plaintiffs band together to form a “class,” which gives them strength in numbers and a more significant chance of holding the company’s negligence and wrongdoers accountable.

The 2023 Class Action Review found that in 2022, a historic 15 class actions reached settlements exceeding $1 billion each, totaling more than $63 billion.

Role of a Class Action Lawsuit Lawyer

A class action lawsuit lawyer specializes in representing large groups of plaintiffs collectively. The responsibilities of these lawyers are far-reaching and include:

Investigating Claims

Class action lawyers begin by investigating potential claims to determine whether a class action is appropriate. They assess whether there are enough people affected (numerosity), if there are common legal questions (commonality), and if the lead plaintiff’s claim is typical of the entire class (typicality).

Filing the Lawsuit

Once the lawyer has determined that the case meets the criteria, they draft and file a complaint with the court. This document outlines the facts of the case, the damages sought, and why a class action is suitable. Filing involves in-depth research to ensure that the class action claim is both valid and comprehensive.

Class Certification

One of the most critical steps in a class action litigation is getting the court to certify the lawsuit as a class action. The lawyer must demonstrate to the judge that the case meets all legal requirements for class certification, including proving that pursuing a class action is more efficient and fair compared to individual lawsuits.

Discovery Process

During discovery, class action lawsuit attorneys collect evidence to support the class representative claims. They request documents, take depositions, and interview witnesses. This is a complex phase where both sides gather information to build their respective cases.

Negotiating Settlements

Most class actions do not go to trial; instead, they are resolved through settlement negotiations. A class action lawyer negotiates with the defendant’s legal team to reach a fair settlement that compensates all affected class members. These negotiations can result in significant financial compensation or in policy changes by the defendant.

According to the 2023 report, product liability and mass tort claims generated over $50 billion in settlements in 2022, reflecting a substantial increase of 267% from the previous year.

Trial Representation

If a settlement cannot be reached, the lawyer represents the class in court. They present evidence, cross-examine witnesses, and make arguments to ensure that the class members receive justice. The lead plaintiff may also be called upon to testify, while the lawyer advocates for the entire group.

Managing Claims and Distribution

If a class action is successful, the lawyer ensures that compensation is distributed to the eligible members of the class. This involves notifying the class members, collecting their claims, and working with financial institutions to disburse the settlement.

Providing Guidance to Class Representatives

The lead plaintiff or class representative works closely with the attorney throughout the entire legal process. Class action lawsuit attorneys provide ongoing guidance and keep the representative informed about the progress of the legal claim, settlement offers, and court decisions.

class action litigation

How Class Action Lawsuits Help Plaintiffs

Class actions are advantageous for individuals who have suffered similar harm but would find it impractical to sue independently due to the costs or scale of the damages. Here’s how a class action litigation benefits plaintiffs:

  • Cost Efficiency: One of the key benefits of a class action lawsuit is that it spreads the legal fees across all class members, making it far less expensive for each person compared to filing an individual claim.
  • Unified Outcome: In a class action, there is a single court decision that applies uniformly to all plaintiffs, ensuring consistency in compensation and reducing the burden on the legal system.
  • Power in Numbers: Class actions help level the playing field between individuals and large corporations. The collective nature of these lawsuits makes it more challenging for companies to avoid accountability.

Examples of Class Action Lawsuits

Consumer Product Defects

In 2014, Toyota settled a class action for up to $1.6 billion due to unintended acceleration issues, compensating vehicle owners affected by defective acceleration systems that led to accidents and safety hazards. (Source)

Actos Diabetes Drugs

In 2015, Takeda Pharmaceutical agreed to a $2.4 billion settlement for concealing safety risks of its Actos diabetes drug, compensating nearly 10,000 individuals who developed bladder cancer from extended use. (Source)

The Truvada Lawsuit

Victims of Truvada, an HIV prevention drug that led to severe side effects, joined forces to bring a pharmaceutical giant to justice. Instead of pursuing individual claims, thousands of people who suffered similar injuries became part of a class action, aiming to hold the manufacturer accountable for failing to warn about known risks.

Military Base Contamination

Veterans stationed at Marine Corps Base Camp Lejeune from the 1950s to 1980s who developed serious conditions due to water contamination can file a class action lawsuit, seeking settlements and monthly compensations for those with the most severe disabilities.

Understanding the Class Action Process

Class actions follow a specific sequence of steps designed to ensure fairness and effectiveness in addressing widespread harm. Here is an overview of how the process typically works:

  1. Filing the Complaint: The class action lawyer files a formal complaint, detailing the claims against the defendant, the proposed class members, and the relief sought.
  2. Certification of the Class: The court must “certify” the class, which involves determining if the case meets the necessary criteria for a class action—numerosity, commonality, typicality, and adequacy of representation.
  3. Discovery Phase: Both parties gather evidence. The class action lawyer collects records, takes sworn testimony, and builds the case to show that the defendant’s actions caused harm to all class members.
  4. Notification to Class Members: Once certified, the class action lawyer ensures that all potential members are notified. They have the option to “opt in” or “opt out.” Those who opt out retain the right to file an individual lawsuit.
  5. Settlement or Trial: Most cases reach a settlement, which is negotiated by the class action lawyer on behalf of all class members. If a settlement is not reached, the case proceeds to trial.
  6. Distribution of Compensation: When a settlement or verdict is achieved, the lawyer arranges the distribution of compensation to all eligible class members.

Criteria for Class Action Qualification 

Not all claims qualify for class action status. To achieve class certification under Rule 23 of the Federal Rules of Civil Procedure, the following criteria must be met:

  • Numerosity:
    The class must be large enough that joining all plaintiffs individually is impractical.
  • Commonality:
    Class members must share common legal or factual issues, such as a product defect, chemical exposure, or unfair practices.
  • Typicality:
    The lead plaintiff’s claims or defenses must be representative of the class as a whole.
  • Adequacy:
    The class representative must fairly and adequately protect the interests of all members, ensuring effective representation for the group.

Challenges in Class Action Lawsuits

Class action lawsuits can be highly complex and time-consuming. However, the 2023 Carlton Fields Class Action Survey found that companies spent a record $3.5 billion on class action defense the previous year. Defendants often have significant resources and legal teams to challenge the claims at every stage. Additionally, the differences in individual experiences among class members may complicate the demonstration of commonality.

Another challenge is securing class certification. The court will rigorously examine whether the lead plaintiff and attorney can effectively represent the entire class. If the criteria are not met, the court may deny certification, meaning the plaintiffs must either file individual claims or drop the case altogether.

Why Hire a Class Action Lawyer?

Hiring an experienced class action lawyer is crucial for the success of the lawsuit. These lawyers have the expertise needed to navigate the complex legal landscape of class actions, including obtaining certification, managing extensive discovery processes, and negotiating substantial settlements. Moreover, they possess the resources to take on well-funded corporate defendants and the experience to strategize effectively for the entire group’s benefit.

Conclusion

Class action lawsuit lawyers play a critical role in seeking justice for groups of people harmed by the same negligent entity. They offer a pathway to address collective grievances efficiently, level the playing field against powerful corporations, and secure maximum compensation for individuals who might otherwise lack the means to pursue a lawsuit independently. From investigating claims, navigating complex legal processes, to negotiating settlements, these class action lawsuit attorneys are champions of collective justice.

Work with Us

The power of class actions lies in their ability to amplify the voices of individuals who would otherwise be unheard. If you believe you are part of a group that has suffered harm from a corporation’s negligence or wrongful actions, consult with a class action lawsuit lawyer at the Injury Lawyer Team. Call our law firm at (888) 424-5757 today for a free consultation and take the first step towards obtaining the justice you deserve.

FAQs

Is filing a class action lawsuit beneficial?

Filing a class action lawsuit can be advantageous when many people are affected similarly, making the legal process more efficient and cost-effective.

What purpose does a class action lawsuit serve?

A class action lawsuit allows a group of individuals with common issues to collectively address their grievances against a defendant, simplifying the legal process and seeking joint compensation.

Who leads a class action lawsuit?

A class action lawsuit is typically led by one or more representative plaintiffs who act on behalf of all the members in the group.

What does it take to win a class action lawsuit?

To win a class action lawsuit, it must be shown that the plaintiffs have shared legal or factual claims and that the court has the authority to hear the case.

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