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California Class Action Lawsuit: Things to Know Before Filing

A class action lawsuit is a lawsuit filed against a defendant on behalf of a big group of plaintiffs.

So if you believe that you and many other people have been deceived by a corporation or harmed by a dangerous product, you may be wondering how to start a class action lawsuit.

In fact, class action claims are very complicated. To achieve the best results, these types of lawsuits must be handled by attorneys with an in-depth knowledge of the class action litigation process. So the best first step is to consult with a class action lawsuit attorney.

The class action lawsuit attorneys at the Margarian Law Firm have the experience and skills to help you get the proper compensation you deserve. Our legal team will guide you throughout the entire process, so you won’t have to worry about the details. Get in touch with us today for a free consultation.

call us today at (818) 553 - 1000 for a free consultation

 

How Does a Class Action Lawsuit Work?

 

Contact an Attorney

As already mentioned, it’s essential to hire an experienced class action lawsuit attorney. Your attorney will evaluate the potential claim, find out how many other people have been injured in a similar way, and finally determine whether a class action can be filed.

File a Lawsuit

Once you’ve picked a lawyer, it’s time to file your class action lawsuit on behalf of the entire proposed class. Your attorney will submit a document known as a complaint, which outlines the facts of your case, and the damages you seek.

Obtain Class Certification

For a class action lawsuit to move forward, the court will determine if your class action proposal meets the requirements set forth for certification. For example, the class representative and the attorneys representing the class members need to prove that the number of people who could be covered by the class action is large enough and that it would be impractical and inefficient to file numerous individual lawsuits.

If the court determines that the requirements for a class action are met, the court can certify the class action.

Provide Notice to Members of the Class

Once the lawsuit is certified as a class action, notice must be sent to all individuals who could be considered part of the class.

Keep in mind that no one is required to join a class action, even if they are eligible to do so. They can opt out and choose to pursue their own individual lawsuit.

Try the Case or Negotiate a Settlement

In most class action lawsuits, the parties reach a settlement agreement before going to trial. In other words, the defendant will offer some type of legal remedy that will be available to all class members. If the case proceeds to court instead of settling, the court will make a decision on the outcome that applies to all class members.

Pay & Distribute the Damages

If the class wins, the court will develop a plan to distribute the amount between the class members. Attorneys will receive their percentage of the entire recovery. The lead plaintiff will get paid second (normally a higher share than the other members of the class because of the extra work the lead plaintiff did in handling the class-action case). Finally, the class members will receive the rest of the settlement amount.

Advantages of a Class Action Lawsuit

  • When a group of people suffer similar injuries or have the same rights violated, it doesn’t always make sense for each person in the group to take individual legal action. Class action lawsuits make handling claims more efficient. The court doesn’t have to hear dozens or hundreds of cases involving the same issues.
  • In a class action, members stand stronger together and maximize their chances to win the case rather than if just one consumer sued a particular company on his or her own.
  • As a class member, you will spend less money as the legal costs will be divided between a large group of people, making the case more affordable.
  • Class action lawsuits simplify the recovery process. Unnamed plaintiffs usually don’t need to do much, to be part of the class. On top of that, everyone involved in the class receives something, even if it is not an amount that fully covers damages.

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