In a class action lawsuit, lawyers work with a few named plaintiffs who represent the interests of many other victims of harm. These cases can involve issues such as consumer rights violations, wage theft and environmental disasters that impact hundreds or thousands of individuals. Class action lawyers play a crucial role in representing the group's interests.
How Does a Class Action Lawsuit Work?
A class action lawsuit may be appropriate if many individuals have suffered similar harm or been victims of injustice. In some cases, each person's damages may not be significant enough to warrant the time and expense of litigation. Class action cases effectively allow claims to be combined, increasing their value.
What Does a Class Action Attorney Do?
Class action suit lawyers typically focus their practice on these cases, which have specific procedural requirements and require significant resources. The primary responsibilities of class action attorneys include:
- Identifying and investigating claims. Class action lawyers begin by identifying potential cases, including examining the facts, gathering evidence and identifying one or more suitable plaintiffs interested in representing the class.
- Filing a lawsuit. The lawyer files a lawsuit for the named plaintiffs and the broader class, including drafting and submitting a complaint outlining the allegations and the legal basis for the claims.
- Pursuing class certification. A court will only approve class certification if the plaintiffs have common claims, the class is sufficiently numerous and the representative plaintiffs and their attorneys can adequately protect the interests of the class.
- Identifying and contacting class members. Once the class is certified, the plaintiffs' lawyers are entitled to obtain discovery from defendants or others about potential class members. Plaintiffs’ lawyers must notify all potential class members about the existence of the lawsuit, their rights and their options (including the choice to opt out of the class if they prefer to pursue individual claims).
- Managing the case. Class action lawyers are responsible for all aspects of the litigation, including gathering and exchanging information ("discovery"), filing and arguing motions and appearing in court. They coordinate with expert witnesses, handle legal research and strategize the best approach to winning the case.
- Negotiating settlements. Many class action lawsuits are resolved through settlements rather than trials. Class action defense attorneys and plaintiffs' counsel try to negotiate a settlement that compensates the class members for their losses. In some cases, the parties may use alternate dispute methods like mediation or non-binding arbitration to help them reach a fair settlement.
- Distributing settlements. After a settlement or judgment, plaintiffs’ attorneys oversee and coordinate the distribution of funds to the class members.
Class action cases can be very complex, and many take years to resolve. Class action lawyers are responsible for maintaining and organizing these massive undertakings.
Why You Might Need a Class Action Lawyer
Class action lawsuits can be appropriate in many different types of cases, including:
- Consumer fraud. When consumers are misled or harmed by deceptive business practices, like false advertising, as in the Simply Orange case, defective products or unfair billing practices, a class action lawsuit can help hold a company accountable and recover damages.
- Employment issues. Issues like wage and hour violations, discrimination or wrongful termination at an organization may affect hundreds or thousands of employees. A class action lawsuit can allow them to address their grievances and seek justice collectively.
- Public health risks. Communities affected by contaminated water, toxic waste, pesticide pollution or other environmental harm can use class action lawsuits to seek compensation and remediation from responsible parties.
- Civil rights violations. A class action lawsuit can effectively challenge established practices and seek reform for systemic civil rights violations such as unlawful discrimination or police misconduct.
- Product liability. If a defective product has caused injuries or damages to many people, a class action lawsuit can help hold the manufacturer accountable.
Class action lawyers play an essential role in the legal system, empowering individuals to seek justice and hold powerful entities accountable. If you have a claim that could warrant this type of case, talk to an attorney about starting a class action lawsuit. These cases require specialized legal expertise, so hiring an attorney or law firm experienced in handling class actions is essential.
