There are certain legal controversies that harm many different people because of the same act or failure to act, and when this situation arises it gives rise to the possibility of having all of these individual claims combined into one large action. When many legal claims are combined in this manner, it’s known as a class action lawsuit. While anyone who has been harmed by someone or something should not hesitate to seek legal help, those who find themselves involved in this sort of issue should be represented by experienced San Diego class action lawyers. Below is a brief introduction to how this situation tends to proceed.
Class action lawsuits are those lawsuits that affect a large number of individual plaintiffs who would eventually become members of a ‘class’ of plaintiffs. When a court decides to certify a large group of plaintiffs as a class, it generally means that:
Therefore, when a class is certified by the court, each plaintiff’s rights become part of the overall effort of that class to hold what’s usually an extremely large and powerful defendant accountable. If the court hears the case and a decision is made that favors the class of plaintiffs, those individual plaintiffs would share in the recovery.
Class action lawsuits present both advantages and disadvantages for the plaintiff members. In terms of advantages for the individual plaintiffs, being organized and certified as a class tends to bring a much more powerful case to the court, as the court will hear evidence that the defendant’s actions have harmed an enormous number of people in a similar manner.
In addition, a class action lawsuit can reach a conclusion faster than if only individual claims are filed against a common defendant, as some may have to wait years before the defendant is ready to defend that individual claim. Therefore, the damages that are awarded when the result is positive can be obtained in a shorter amount of time.
In terms of disadvantages for individual plaintiffs when it comes to class action lawsuits, one of the most common is that every individual plaintiff’s claim cannot be specifically heard by the court. In addition, there are some situations where the recovery that’s shared by the plaintiffs may be slightly less than what an individual claim would have resulted in regarding the damages award. However, in many situations these disadvantages are minor compared to the benefits that could be obtained by joining together as a class.
Basically, the progress and the ultimate result of a class action lawsuit will largely depend on the skill and experience of the attorneys who are representing the class such that they make sure that all of the compelling evidence is included and that the damages pursued are sufficient to satisfy all the members of a class. If you or someone you love has been harmed in this manner, seek the help of experienced San Diego class action lawyers who understand how to advance and how to manage these situations. Contact Morris and Associates today to schedule a free initial consultation.