How does a class action lawsuit differ from a regular lawsuit?

• Large Numbers of Plaintiffs: So many possible claimants and lawsuits against the defending party exist that it becomes impractical for them to file individual suits. Frequently, the potential plaintiffs can number in the hundreds of thousands.
• Class Members with Similar Claims: The claims of each class member all raise common legal and factual issues. This makes it much more efficient to combine them together into one class action. A common example of this is when thousands of claims exist against the manufacturer of a dangerous drug on the market. 
• Same Claims and Same Defenses Apply: This does not focus on the number of class members but on whether the claims of the “class representative” are typical of all those in the class. This means that the named plaintiff for the class action must generally have the same injury or interests as the other class members.
• The Class Action Representative Protects the Class: This means that the plaintiff(s) named in the lawsuit and their lawyers must look out for the interests of the other class members. 

Class action lawsuits can stem from different types of claims, such as unfair wage and hour claims, employment discrimination, product liability claims, claims of environmental contamination, securities fraud, and more. 

Why are class action lawsuits important?

Those who dislike class action lawsuits are the management of big companies that have armies of lawyers at their disposal. They know that the average person, when cheated out of a relatively small amount of money, cannot afford the time and expense of an individual lawsuit.

Class action lawsuits bring fairness to the playing field. Individuals who have been similarly harmed by the same corporate entity can band together, find a law firm, and file a lawsuit on behalf of the entire group.

Large corporations would rather fight consumers individually because most people cannot launch a major drug recall, consumer protection against defective products or environmental violations, or other lawsuits on their own. Class action lawsuits give consumers the leverage needed against companies that harm them through physical and economic injuries. 

What are some examples of class action lawsuits?

Examples include lawsuits against Monsanto for consumer claims of cancer diagnoses related to its weed killer Roundup, the case against Pacific Gas & Electric based on claims of environmental contamination (made into the movie “Erin Brockovich”), and the early claims against the tobacco industry for hiding the dangers of cancer-causing cigarettes. Many of these lawsuits resulted in millions of dollars in compensation for the people harmed by these companies. 

Am I eligible to join a class action lawsuit?

Eligibility to join a class action lawsuit depends on whether you have suffered similar harm or damages as the other members of the class. Typically, you will receive a notice if you are identified as a potential class member, explaining the nature of the lawsuit and your rights. If you believe you have been affected by the defendant’s actions in the same way as others in the class, you should consult with an attorney to determine your eligibility and ensure you are included in the lawsuit.

What are the benefits and drawbacks of being in a class action lawsuit?

The benefits of participating in a class action lawsuit include shared legal costs, the ability to take on large defendants as a group, and potentially receiving compensation for your damages without the need for individual litigation. 

However, there are also drawbacks, such as less control over the litigation process and the settlement amount, as decisions are made collectively for the entire class.

Also, the compensation received may be smaller compared to what might be achieved in an individual lawsuit, as it is distributed among all class members. 

At Chandler Law, our experienced attorneys will help you weigh these factors and decide the best course of action for your situation.