By Weisberg Cummings, P.C. on October 16th, 2023
Class action lawsuits provide an effective way to hold negligent businesses accountable and to divide compensation fairly between participants. These lawsuits are different from individual cases because they represent a bigger group of people who have suffered the same physical or financial harm due to the actions of the same company or companies.
All parties involved in class action lawsuits — the court system included — can save time and money because class actions cover many claims in one.
An attorney can show you how to file a class action lawsuit correctly so that it has a higher chance of a judge certifying it.
What Is a Class Action Lawsuit?
A class action lawsuit is when a group of people takes legal action against a party or a collection of parties facing the same accusations.
These lawsuits are a vital facet of the American legal system as they make it possible to take legal action in situations where it would be extremely difficult to file individually. Lawsuits require time and resources, and this sometimes outweighs the potential benefits you could receive if you file individually.
The reality is that businesses have far more time and resources than any one individual, making it tricky for individuals to hold organizations or employers liable. But it is crucial to hold companies accountable, and that is where class action lawsuits can be practical and effective. A law firm can consolidate a group of people’s claims so the collective claim adds value to the case and makes it more practical to present in court.
Can I File a Class Action Lawsuit?
You can file a class action lawsuit as an individual without knowing the other potential plaintiffs sharing your claim — you need only have cause to believe that others will have a similar claim. A group may also come together to file a class action lawsuit.
Though anyone may file a class action lawsuit, a judge will examine various factors to determine if the case qualifies. If they agree the case fulfills the requirements, they will certify that your case is a class action lawsuit.
What Do I Need for a Class Action Lawsuit?
Each lawsuit is unique, but there are a few qualifying factors you need to file a class action lawsuit.
Most law firms specializing in class action lawsuits offer free consultations. In this case, an attorney will discuss your situation over the phone or in person and walk you through how to file a class action lawsuit if they believe you have a case.
The attorneys can also help you gather and organize documents that support your claim. Evidence for your case includes receipts, photos, videos, contracts and other paperwork. Documenting your case’s events chronologically and being specific about each detail is also helpful.
Here are a few other points to consider regarding what you need to file a claim:
- An actual legal dispute: You must have legal grounds for proceeding with your case. The factual or legal issue and the injuries or damages suffered should be shared and to a similar extent to all potential class members.
- Numerosity: You need to know that a large group of people are affected by the events in a similar way you have been affected. There is no set number to work on, but at least dozens of people should potentially face similar injuries or damages.
- Criteria defining the class: There must be a clear way to ascertain who can qualify as a class member.
- Commonality: The court will examine common questions in the dispute that the court can determine answers for.
- Typicality: Each class member’s claim should stem from the same chain of events, and all class members must have a similar legal argument against the defendant.
How to Start a Class Action Lawsuit
Class action lawsuits can be filed in state or federal courts, and each court will have specific requirements that your case must fulfill.
The first step is to consult an attorney to review your situation. The attorney will then draft a complaint detailing your claim if they agree that you may file for a class action lawsuit. The attorney’s draft will document the reported circumstances and how these events harmed you physically or financially. The draft will also specify the class of other plaintiffs potentially covered in the case and how they would qualify to claim.
The attorney will then submit the draft to court, and a judge will review it to determine if it meets the requirements and can be certified as a class action lawsuit. A judge may recommend that you file an individual claim if they believe the injuries or harm suffered are far greater than the average potential class member.
What Happens Once a Judge Certifies the Lawsuit?
The next step is for potential class members to be notified of the open lawsuit. A law firm may send notifications by mail, TV commercials, newspaper ads and other forms of media. These notifications typically include instructions on how to participate in the lawsuit and a deadline for responding.
Potential class members can also opt out in favor of filing an individual lawsuit against the defendant. It’s worth noting that no class action member can pursue an individual lawsuit against the defendant if they participate in and lose the class action.
After the deadline, the case moves through the court system. It can go to trial, or the defendant can settle out of court. If the defendant loses or chooses to settle, the judge and the plaintiff’s attorney will work together to determine how to distribute any awarded monetary compensation. The judge must approve the settlement even if the defendant chooses to settle out of court.
Finally, most lawyers who take on class action lawsuits work on a contingency basis, meaning there is no upfront fee and they only get paid if they win. In successful cases, the attorney receives an agreed-upon percentage from the settlement.
Frequently Asked Questions
Explore these frequently asked questions related to gain further clarity on class action lawsuits:
What Cases Qualify as Class Action Lawsuits?
A wide range of cases may qualify as class action lawsuits, including:
- Harassment
- Wage violations
- Safety violations
- Workplace violations
- Cases of race or gender discrimination
- Claims of false advertising or mislabeling
- Cases involving various products that are dangerous or defective
Any case that potentially affects a wide group of people can qualify as a class action lawsuit.
How Can I File a Class Action Lawsuit Against My Employer?
Contact an attorney first to see if you can resolve matters out of court. If you are sure you need to go beyond negotiations with HR, your attorney will help you file the class action claim against the employer. Wherever possible, provide your lawyer with any documentation that may give you adequate grounds to push your lawsuit successfully.
How Long Does a Class Action Lawsuit Take?
Most class action lawsuits are settled within three years, but this will vary per case. Some take a few months if the company wants to settle quickly and out of court. Corporations with deep pockets may fight the class action for decades, as was the case regarding the Exxon Valdes oil spill in Alaska, which lasted 26 years before it was resolved.
How Many People Do You Need to File a Class Action Lawsuit in Pennsylvania?
There are no hard and fast rules regarding numerosity. Judges are more likely to consider cases involving 40 or more plaintiffs but may also certify class action lawsuits with fewer plaintiffs. The decision ultimately rests with the court.
Choose Weisberg Cummings for Your Class Action Lawsuit
If you think you have grounds for a class-action lawsuit, you can consult with lawyers at Weisberg Cummings P.C. Our attorneys will review your case and provide the information you need.
Weisberg Cummings P.C.’s experienced lawyers will assist with your class action lawsuits in Pennsylvania and help you decide the way forward. Contact us online or phone us at 855-716-2367 to request a free consultation.