What is a class-action lawsuit?
The idea behind a class-action lawsuit is simple: When many individuals have been injured by a common act (or under common circumstances), it is far more efficient if they band together and try the matter as one big case, as opposed to having each individual bring a separate lawsuit, which must then be tried separately. In a class action, one or two “named” plaintiffs represent the entire group of plaintiffs – the “class” – during the litigation. But all plaintiffs – both those named and those not – benefit if the case is won. In short, courts can dispense justice far more efficiently than if they were forced to tackle identical cases one after the other.
When does a class-action claim make more sense than a traditional lawsuit?
A class-action suit isn’t just more efficient for the court, but for many potential plaintiffs, as well. That’s because in a great number of cases, the harm suffered by any one individual may be relatively minor, and the potential recovery outweighed by the costs of litigation. So a single plaintiff may not be able to bring a case – and the defendant would get away with its wrongdoing. But by grouping together the plaintiffs, and their damages, class-action suits change that equation, making it possible for those who have been injured to bring a suit – and forcing those who have caused harm to take accountability for their actions.
If I have suffered an injury under circumstances identical to those in the class, must I join the cl
No. Joining a class action is always optional. Indeed, even if a settlement is reached, you can opt out. If you do decide to opt out of the class, you will be free to file a lawsuit individually. But keep in mind that it might not be economically feasible to bring the case on your own, and a class action might offer a more viable – and promising – alternative.
What are some examples of class-action lawsuits that have been brought in the courts?
As class actions enable similarly aggrieved individuals to litigate en masse, they are often seen in instances where a common act harms many people – such as a defective product or consumer fraud. Class actions are regularly used to litigate violations of the antitrust and securities laws, toxic and other mass torts (defective medical devices and tobacco cases, for example), environmental torts, and even civil rights violations.
Why is it important to work with a law firm experienced in-class action cases?
Defendants in class-action suits are typically large manufacturers and companies with ample resources – both financially and legally. That means that they can wage full-scale war in the courtroom, deploying top legal talent, as well as tactics that can be countered only at great cost and by formidable legal skill. Many firms will say they can take on such opponents, but few have the experience and resources to do so successfully. At Mary Alexander & Associates we’ve made our name, and built our track record, not only by mastering the law, but by giving every case we handle the commitment and backing it needs – and our clients deserve.
How will I pay for your services?
Attorneys who handle class-action suits are paid only if the case is successful, with the amount – determined by the court – paid out of the final judgment or settlement. Expenses are handled the same way, advanced by the law firm and reimbursed only if the plaintiffs prevail. That means that our class-action clients assume no financial risk – and pay no hourly fees – when we handle their case. Indeed, the risk is all ours. So be assured: If we take your case, it’s because we fully intend to win it.