Understanding Class Action Lawsuits

Posted Saturday, August 12, 2017 by Chris Thayer

Sometimes numerous people are injured in the same accident or in similar incidents. In this case, they might want to file a class action lawsuit. A class action is a type of lawsuit in which a group of people collectively files a claim. One example is when a company has manufactured a defective product and numerous people have been injured by that product. These people could join together and file one lawsuit against the company.

Advantages of Filing a Class Action Lawsuit

There are several advantages of filing a class action lawsuit, including:

• Cost efficiency: Because litigation costs will be divided among a larger group of people, each individual’s expenses will likely be less than if they had all filed separate lawsuits.
• Judicial efficiency: Similarly, because this is one lawsuit instead of dozens, fewer judges will be involved and there will be less cumulative court time.
• Greater certainty for both plaintiffs and defendants: One lawsuit means similar plaintiffs will recover similar amounts in damages. One lawsuit will also create more certainty for defendants who will not have to worry about inconsistent legal decisions.

Disadvantages of Filing a Class Action Lawsuit

There are also several disadvantages of filing a class action lawsuit, including:

• You might not like the settlement agreement. Sometimes class action lawsuits settle for financial compensation, but other times the settlement is for coupons or rebates.
• Lack of control. The way a class action lawsuit works is that there is one representative or a small group of representatives making decisions on behalf of the class. You might not have a say in important litigation decisions, including whether or not to settle.
• If the class action claim is unsuccessful, you might not be able to bring an individual lawsuit.

Prerequisites for Filing a Class Action

One or more people may file a class action lawsuit in Washington on behalf of a whole class if:

• The class is so numerous that joining all members is impracticable,
• There are questions of law or fact that are common to the class,
• The class representatives’ claims are typical of the claims of the entire class, and
• The representatives will fairly and adequately protect the interests of the class.

There are other requirements that must be met in order to maintain a class action lawsuit. These requirements include:

• Courts permit class actions to proceed when they determine that individual lawsuits would result in inconsistent judgments and establish inconsistent standards of conduct; and
• If the questions of law and fact common to the class predominate over any questions of law and fact pertaining to individual class members then the court will likely permit the class action proceed.

Courts sometimes divide class actions into subclasses. In that case each subclass will be treated as if it is its own class.

Contact Us Today

Class action lawsuits are typically complex, which is why you should always consult with an experienced attorney before joining or filing a class action. Contact one of our personal injury attorneys today for a free consultation if you are interested in pursuing a class action claim. Our experienced attorneys can help you determine your best course of legal action.