A class action lawsuit takes place when an individual or a group of people who were similarly wronged by the same defendant pursues legal action as a class. It could be the result of a defective product, unlawful employment practices, false advertising, and other law violations.
You may be wondering whether you should participate in a class action lawsuit or not. Just like any other situation, joining a class action lawsuit has its advantages and disadvantages. Here’s what you need to know.
Are class action lawsuits successful?
It depends on the legal details of the lawsuit as well as the desired outcome of the class. Some groups are content with out-of-court settlements to cover damages, while others are determined to pursue punitive action against the defendant. In the case of the latter, a class rejects the proposed settlement and takes the case to court.
Before either of the two takes place, a court must first certify the lawsuit as a class action. It’s only after that that it’s considered a class action lawsuit.
Class actions can be successful if the purpose is to settle. Most class actions are resolved by out-of-court settlements, where each member receives their portion of equally divided proceeds.
This is likely because class actions can be high-publicity events. Since it tends to draw attention to the issue, defendants want to avoid the bad press as much as possible. Class action lawsuit trials can be long, drawn-out processes as well. Instead of suffering severe blows to their reputation, defendants are more likely to settle class action lawsuits instead.
A successful class action lawsuit doesn’t automatically translate to the highest possible payout. While they are an efficient way to resolve claims, you might not always receive the compensation you deserve. That’s why class actions are recommended for smaller claims: you get a higher chance of getting fair compensation.
How to get a favorable class action resolution
Whether your class wants to take the lawsuit to court or are aiming for a just settlement, here are tips on how to get a favorable resolution.
- Work with a class action attorney
The key to a successful class action lawsuit is to work with an attorney who specializes in class actions. Class actions can be tricky to navigate. It takes an expert to represent the class well.
When looking for a class action attorney, consider their experience, resourcefulness, and track record. If you’re filing a class action lawsuit in San Diego, the attorneys at Hogue & Belong may be able to help you.
- Find more potential class members
When it comes to class actions, there’s strength in numbers. The larger the group, the more likely a court will certify the lawsuit as a class action.
However, locating potential class members can be challenging. There’s also no definite way to determine the exact number of people who were similarly wronged as you. But making an effort to reach potential class members can go a long way.
Class members who have already been identified are sent the Notice of Class Action through U.S mail or email. This document states the nature of the case, the charges against the defendant, instructions on how to opt out of the class action, and other important information. In the case of a wage and hour class action lawsuit, this notice may also contain instructions on how to “opt in.”
To contact potential but unidentified class members, notices can be made public through television, newspapers, magazine ads, and other forms of media. You can also use social networking platforms to display ads and find more potential plaintiffs.
- Check up on potential class members
Getting a good amount of people to participate in the class action lawsuit is a huge help. Once a potential class member shows interest in the case, the attorney should get in touch with them immediately. Provide them with more details about the case and learn the extent of their legal claim.
It’s not uncommon for potential class members to back out when they find the process too complicated or difficult. Consider using an online sign-up form that allows class members to join the class easily from anywhere.
Class actions are one of our specialties
Looking to learn more about the class action lawsuits? Feel free to call the leading class action attorneys in San Diego, Hogue & Belong, at 619.238.4720 or send us an email at firstname.lastname@example.org to schedule a confidential consultation with our team.