How to Start a Class Action Lawsuit
When many people suffer injuries from the same cause, class action lawsuits offer collective action and justice opportunities. But with so many voices and concerns, how do you know whether a class action related to your issue already exists? And if there is no class action related to your issue, when is it appropriate to take the initiative and champion such an endeavor?
The Las Vegas injury attorneys at De Castroverde Personal Injury & Accident have decades of experience championing the rights of injured people like you, including extensive knowledge of mass torts and class actions. This comprehensive guide will address these questions and provide the necessary knowledge to determine your best course of action. Whether you’re contemplating joining an existing class action or starting a new one, understanding the foundational steps and criteria is paramount.
How to Identify a Class Action Lawsuit
A class action lawsuit is like teaming up with others to tackle a shared problem. Imagine if many people faced the same issue—for example, perhaps they all bought an unsafe toy, and their children suffered harm from using it. Instead of each person going to court individually, they can come together as one big group and file a lawsuit. This “group lawsuit” is what we call a class action. The key characteristics of a class action lawsuit are:
- Common Problem: All group members, or “class,” have faced the same or very similar issues. For example, they may all have sustained similar injuries from using an unsafe product or taking a defective medication.
- Large Numbers: Usually, there are a large number of injured people.
- Shared Outcome: Whatever the result of the lawsuit—win or lose—it similarly affects everyone in the group.
- Representative Plaintiffs: Not everyone in the group will speak in court. Instead, a few individuals will represent the entire class.
Class Actions vs. Mass Torts
While class actions and mass torts involve multiple individuals with grievances against the same entity, they function differently. In a class action, many individuals unite to form a united lawsuit because they’ve all faced a common problem.
On the other hand, mass torts consist of multiple individual lawsuits. Though these people might all have a similar complaint against the same defendant, such as the manufacturer of an unsafe product, each case is treated individually. This means outcomes can vary: one person might succeed in their case, while another might lose, even if their grievances are against the same entity.
Tools to Find Existing Class Action Lawsuits
When you suspect you’re not alone in facing a specific problem, it’s natural to wonder if others are seeking legal redress as a group. Here are some resources to help you find existing class action lawsuits related to an injury or accident you may have experienced:
- Official Court Websites: Most state and federal courts list ongoing cases. You can identify whether there’s a class action already in progress by doing a simple search with keywords related to your injury or accident.
- Local News Outlets: News agencies often report on significant class action lawsuits, especially if they affect many people in a particular area. Scouring local news websites or even a quick Google News search could point you in the right direction.
- Law Firm Websites: Firms specializing in personal injury or class action lawsuits often have sections dedicated to ongoing cases on their websites. By browsing through these sections, you can see if they’re handling something similar to your concern.
- Consumer Protection Agencies: Organizations like the Better Business Bureau or the Consumer Financial Protection Bureau might have information on class actions related to consumer grievances. They often provide insights into patterns of complaints that could lead to or stem from class action lawsuits.
- Social Media and Forums: Sometimes, the quickest way to learn about ongoing issues is through the experiences shared by others online. Websites like Reddit or even Facebook groups dedicated to specific injuries or accidents can be a gold mine of information.
How Do You File a Class Action Lawsuit?
Starting a class action lawsuit may sound daunting, but when you look at each step individually, it’s a manageable process. If you think you and others have faced a common problem and want to seek justice together, here’s what you need to do:
- Identify the Common Problem: Before anything else, you need to be sure there’s a shared issue or grievance that affects multiple people. Maybe it’s a faulty product, an unfair fee, or an unsafe environment. This is the foundation of your class action.
- Consult with a Lawyer: Find a lawyer with experience with class action lawsuits. Share your concerns and see if they believe you have a valid case. They’ll guide the best way forward.
- Gather Your Class: You need a group with the same problem for a class action. This doesn’t mean you need hundreds of people immediately, but you should have a few others willing to join the lawsuit.
- File the Lawsuit: Your lawyer will help you officially start the lawsuit by filing documents with the court. This is where you formally say, “We have a shared problem, and we want to address it together in court.”
- Get Class Certification: The court will review your case to see whether it qualifies as a class action. They’ll check how many people are affected and if the issues are similar enough.
- Notify Potential Class Members: Once the court certifies your class action, you must inform others about the lawsuit so they can join if they wish. This might be through letters, ads, or even social media.
- Negotiate or Go to Trial: In many cases, defendants will try to settle the lawsuit before going to trial. If settlement negotiations fail, the case will proceed to court, where a judge or jury will decide the case’s merits.
The Las Vegas class action lawyers at De Castroverde Personal Injury & Accident believe everyone deserves justice, especially if the same party has inflicted similar injuries on multiple people. If you wish to begin a class action or have questions about joining an existing lawsuit, we can provide the experienced legal guidance you need. Call (702) 803-3391 or complete our contact form for a free consultation.