How to File Class Action

To file a class-action lawsuit, first make sure you know what a class-action lawsuit is: it’s a lawsuit that allows many people who have the same claim go to court and have their issue to be heard and be decided in one single legal proceeding.

Finding everyone who qualify to participate in the class-action lawsuit in not necessary before you file, but you can not simply file a class-action lawsuit and instantly have it settled out of court or actually go to court. The court first needs to approve the ‘class’ definition during the litigation or at the time of settlement. So, when considering whether to file a class-action lawsuit, you must first see if the ‘class’ can be easily defined; find out if the number of ‘class’ members sufficiently numerous; does a common factual and legal issue exist?; is the factual and legal issue for the ‘class’ predominate over an individual issue?; is your claim typical of the other ‘class’ members?; and can you adequately represent the ‘class’?

Not all class-action suits are an appropriate ‘class’ action case. The court will weigh many things to determine whether to approve your claim as a ‘class-action’ as opposed to requiring you to file only an individual suit. Basically, the best move for you to make before filing a class-action lawsuit is to consult with an attorney who specializes in class-action lawsuits. They will easily tell you if your claim has merit and will let you know if the case will lead to a monetary settlement. No lawyer will take on your class-action lawsuit if they see no merit or any monetary gain. The reason for attorneys for not taking on your case is that most firms do not have the resources to invest in a class-action lawsuit, but then again, some law firms do have the resources, but do not want to use them because all class-action lawsuit are done on a contingency basis, no fees are paid upfront, so even if you have a good class-action case, this does not mean it will ever be heard by a court or even have a chance to settle out of court.

This entry was posted on Monday, March 8th, 2010 at 12:14 pm and is filed under Class Action Information, Legal. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

 

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