What Is a Class Action Lawsuit?

If you’ve suffered due to the actions or negligence of a corporation or large institution, you may be entitled to damages, but afraid of making a stand on your own. The law acknowledges this inequity and allows groups with similar injuries the opportunity to band together and recover what they deserve.

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What Is a Class Action Lawsuit?

Class action lawsuits are brought on by a group of people who have been harmed by the same company, product, person, or other entity. They are an effective way to manage complex litigation that involves a large number of individuals and give a case strength in numbers.

If you have questions about class action lawsuits, it is in your best interest to contact the Ohio class action lawyers of Kisling, Nestico & Redick at 1-800-HURT-NOW for a free and confidential case consultation.

Types of Class Action Lawsuits

Class action lawsuits may involve a wide variety of issues. At Kisling, Nestico & Redick, we have years of experience handling the following types of class action lawsuits:

  • Employment Class Actions

    These types of lawsuits are typically brought on by a group of employees because of an issue such as discrimination, a dangerous workplace, and unpaid overtime.

  • Consumer Class Actions

    Consumer class action lawsuits are started by consumers who were hurt by the illegal practices of a company that developed and sold malfunctioning or defective products.

  • Product Liability Class Actions

    When a manufacturer breaks their duty to provide the public with products that are free of hazards and these products hurt any number of people, product liability class action lawsuits may arise.

  • Pharmaceutical Class Actions

    Pharmaceutical class actions involve the incorrect use of medications or medical devices – some with serious side effects – that lead to serious injuries and some cases, death.

How to Determine If a Case Qualifies as a Class Action Lawsuit

If you are one of a group of people who have been hurt by a company, product, person, or other entity, you may be able to file a class action lawsuit against the party (or parties) who caused your injuries. To determine if your case qualifies as a class action lawsuit, you should reach out to one of our experienced attorneys. They can evaluate your case and let you know if it meets these requirements of a class action lawsuit:

  • Numerosity- A significant number of plaintiffs are part of your case.
  • Commonality- There is an issue of law or fact that is common among all class members.
  • Typicality- The claims of the class representatives reflect the claims of the other class members.
  • Adequacy- The class representatives are protecting the interest of the class as a whole.

Advantages of a Class Action Lawsuit

There are several advantages of a class action lawsuit. Some of these include:

  • Consolidated resources

    One of the greatest advantages of a class action lawsuit is that it requires less lawyers, investigators, copies of documents, and other resources than would be necessary if every individual filed lawsuits separately.

  • Cost savings

    Consolidating resources reduces the cost of litigation. By merging the costs among plaintiffs, one plaintiff does not have to be left with a significant financial burden.

  • A streamlined legal process

    Rather than requiring witnesses to attend multiple depositions and produce the same testimony multiple times, a class action lawsuit allows everything to be carried out at once on behalf of each plaintiff.

  • Judgement consistency

    There may be conflicting rulings when the same issues are litigated several times in different courts. That being said, class actions lawsuits create consistency in judgments.

  • A fair distribution of damages to all plaintiffs

    With a class action lawsuit, all plaintiffs can receive a fair distribution of damages. There are no issues with the potential of a defendant’s financial resources being unfairly distributed on a first come, first serve basis.

Phases of a Class Action Lawsuit

Rule 23 of the Federal Rules of Civil Procedures provides attorneys, judges, plaintiffs, and defendants guidelines for pursuing class action lawsuits. Although class action lawsuits may be filed in federal and state courts, most class action lawsuits follow the regulations outlined in Rule 23. A typical class action lawsuit goes through the following phases:

  • Certification- If a case qualifies as a class action lawsuit, it will receive certification.
  • Defining the class- Once a case receives certification, a judge will define the characteristics of the class.
  • Notification- Next, the judge will order that all plaintiffs be notified of the class action. They may be notified by mail, advertisements, and/or television commercials.
  • Opting out- Plaintiffs who prefer to file their own lawsuit will be informed that they have the right to opt out of the class action.
  • Selecting counsel- The judge will then select a counsel for the plaintiffs. They will make sure the counsel has experience with class action lawsuits and can represent the class in a fair manner.
  • Distribution of damages- Lastly, the judge will work with the plaintiffs’ attorney to design a plan for distributing monetary damages to the plaintiffs.

Contact Kisling, Nestico & Redick Today

Due to the complexity of class action lawsuits, it is imperative to find a highly-skilled class action attorney. If you and a group of others have been harmed in a similar way, contact Kisling, Nestico & Redick at 1-800-HURT-NOW today for a free case consultation.

Our class action lawyers can assist you in determining your best course of action and will represent your best interests in court.