A class action is a type of lawsuit that is brought on behalf of a large group of individuals who were collectively wronged by a person or entity.
Many times, this type of lawsuit is brought against a company or corporation that mistreated, personally injured, or otherwise wronged its customers.
For example, if a mass-produced car that you purchase has a defective machine part that subsequently causes the automobile to become unstable and crash, those who purchased the defective vehicle can come together and join forces in order to seek damages against the manufacturer of the machine part and the car company.
Once certified as a class, everyone who was ever injured by the defective car part in that type of defective vehicle will be able to be involved in the lawsuit and reap the benefits of a favorable outcome.
How Do I Join a Class Action Lawsuit?
It is not difficult to join a class action lawsuit. Usually, if you believe that you are in a similar situation as those who already are in the class, you will be able to fill out a simple form online. Sometimes you will even be solicited directly through the regular mail and will be able to opt-in to the class action lawsuit.
In other words, if you were a purchaser of the defective car or machine part at the time of the suit filed against the manufacturer, you would be able to join it as a class member.
Once you are a class member, all you need to do is sit back and let the case proceed. If it ends favorably, you will likely be sent a sum of money to be determined by the court. If it does not, then you lose nothing but the time it took to fill out the form.
How Do I Start a Class Action Lawsuit?
Starting a class action lawsuit is much harder and requires the assistance of a highly skilled attorney.
You would be called the class representative, and the court would expect you to be able to present a case explaining how exactly you were wronged and why other individuals are in a similar situation as you.
Before you can even bring suit, your case must have a certified class. This procedural hurdle has several requirements and can be quite complex. One of them is called “numerosity.” This means the class must be large enough to warrant being a class action case.
For instance, if only seven people from New York were injured by a defective machine part, they can all join forces in a regular lawsuit and will not be allowed to form a class. However, if thousands of people from all over the country all suffered injuries due to the defective car or machine part, then the class has a much better chance of being certified.
Once the class meets all of the requirements for certification, the class action lawsuit can finally begin. Be warned though, in the unfortunate event that your case cannot satisfy all of the requirements for class certification, it may never get off the ground. As such, make sure to speak with a lawyer about the likelihood of success before proceeding.
What Should I Do if I Want to Initiate a Class Action Lawsuit?
If you think that you are someone who can adequately represent a class of people who were personally injured or otherwise wronged in a class action lawsuit, contact The Rosenblum Law Firm via e-mail or at 973-594-6552. Adam H. Rosenblum and his team of diligent attorneys will go to work for you by doing everything they can to help your class get certified and ensuring that you get the justice you deserve.