You have been aggrieved by a company, perhaps harmed by a product. That harm has resulted in a medical problem and your bills have begun to mount. As unfortunate as this situation is for you, you may not be alone. Indeed, other consumers may have been harmed, therefore a class action lawsuit may be in order. Here’s what you need to know about it.
Class Action Lawsuit Definition
A class action is a kind of lawsuit whereby several persons sue on behalf of a larger pool of people. Typically, these types of lawsuits bring together people with grievances in common and in great numbers. To file these separately would overwhelm the courts and are, therefore, united into a class action suit.
Step No. 1: Contact an Attorney
If you believe that you have a case against a company, then contact an attorney. You want to deal with an attorney specializing in consumer law, so choose your lawyer carefully. Your state bar association can offer you referrals.
Know that when you do hire an attorney he or she may believe that others have been similar aggrieved and explain that a class action lawsuit may be in order. That does not mean, however, that your attorney will represent you. Instead, your case may be transferred to another attorney or group of attorneys representing all parties to the suit.
Step No. 2: On a Contingency Basis
If you become a party to a class action lawsuit, you will want to work with an attorney on a contingency basis. This means that the attorney only gets paid if and when you win. You may, however, be required to put some money up front to cover court filing fees.
Typically, an attorney or a group of attorneys will be entitled to a portion of your award. It may be one-third or so of the reward. Or the court may rule that the defendant will pay the attorney’s fees separately. In many cases, however, defendants settle out of court. You will be required to vote on this decision if a settlement is offered.
Step No. 3: Supply all Documentation
You must cooperate with your attorney to ensure that all documentation related to your case is provided as evidence. This can include receipts, email messages, official papers and other documentation.
Your attorney will also ask your cooperation by having you attend all meetings related to your case. If you are out of state, you may be able to follow online or review notes after the fact. It is important that you stay in the loop both to preserve your rights and to ensure that the case proceeds as planned.
For your part, keep notes related to the class action lawsuit. You may find that the attorney is sharing new information or you may have certain information on hand that can help the legal team explains Watson Burns, PLLC.
Attorney Considerations
It is important that you have a good working relationship with your attorney. Before selecting one, ensure that you are comfortable with the attorney’s demeanor and his vision for your lawsuit. A solid working relationship is important for all concerned.
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