Class action lawsuits usually sound appealing right off the bat, especially when you have sustained a serious injury and want to compensate as soon as possible. They say that there is strength in numbers and class action lawsuits bring just that, with an entire group filing a personal injury suit against a manufacturer, employer, or another party when they have all received injuries from the same accident or product.
The person who brings a class action lawsuit will usually look into the accident and realize that many others have suffered, too, and that they are looking to compensate. They will move forward based on the fact that the injuries occurred within a relevant time period and a judge will choose whether or not to approve the class. If a plaintiff decides to be unnamed in the class, then they are not obligated to participate but can still bring a legal claim by themselves against the same party.
The Cost of These Class Action Cases
Many class action suits today are brought on behalf of consumer protection suits. This is when software companies force buyers to agree to certain restrictions even though they never supply the proper information. In these cases, they are not repaying for harm done. But if you have been harmed by a party, then you obviously take your case very seriously and should understand how to get the most out of your lawsuit. Of course, the cost is one of the most important elements to you.
What if you have not received significant harm from your injuries and aren’t looking at a huge payout? Then it may benefit you to be involved in a class action lawsuit, because you may want to avoid going to court over a small matter. It may make sense that you instead stay a part of the class action. However, if you have received substantial losses for your injuries, then you may consider filing your own lawsuit in the end. Class actions, by the end of the case, are divided into many parts after legal fees are taken out. This is why some people may find that the class amount is not enough to pay for their individual losses, and once the decision is made you cannot go back.
Weighing the Pros and Cons
It is important to know the benefits and disadvantages of class actions lawsuits before you move forward with your claim.
Pros: Strengthening your claim alongside many others, lowering the overall cost of litigation, longer period of time in which to file a lawsuit, a little bit of the damages being paid to every single person, with equal payouts being deemed to be fair, and less strain on the court system when it comes time for litigation
Cons: Compensation being limited to mostly economic damages, usually no say in the decisions made during the legal process, the chance of your claim moving too slowly, and giving up your rights to make an individual claim if things don’t go your way
As you can see, there are many things that you must consider when you are looking into class action claims. These cases can sometimes be complicated, but give you less worry as you await end damages. Weighing the pros and cons can help you move forward, as well as talking to an experienced attorney as soon as possible. At The Nye Law Group, we have experience in these cases and want to help you with any decision you make in your case. Call us today to talk to the experts at 855-636-9277.
Sources:
https://www.justia.com/trials-litigation/class-actions/
https://law.freeadvice.com/litigation/class_actions/opting_out_class_action.htm