Class Action Lawyer
When it comes to taking legal action against companies or corporations, it’s easy to feel powerless as an individual. However, if you and a group of people have all been similarly wronged, you may have the option to take legal action together through a class action or collective action lawsuit. Class action and collective action lawsuits can hold larger entities accountable for their actions in court, but there are key differences between the two types of proceedings. In this post, our friends at éclat Law explore those differences, common types of class and collective action suits, and the steps you should take if you’re considering filing one.
What is a Class Action Lawsuit?
A class action lawsuit is brought by one or more people as representatives of a larger group of people who have suffered similar harm or damages. These lawsuits are well-suited for cases where individual claims may be too small to be economically viable or where multiple claims could otherwise overload the court system. In a class action lawsuit, all members of the group must have some sort of shared wrong caused by the same defendant or defendants.
In this type of lawsuit, the court will decide for the class as a whole. The decision is binding on all members of the class, including those who have not been made aware of the proceedings. As such, courts must ensure procedural protections are provided to all parties involved and that any relief awarded is equitable and just.
What is a Collective Action Lawsuit?
Collective action lawsuits are like class actions in that they involve multiple people with similar grievances, but collective action suits are limited to labor and employment disputes under the Fair Labor Standards Act (FLSA). Generally speaking, a collective action lawsuit is filed by current or former employees against their employers for matters such as unpaid overtime or minimum wage violations. Besides the type of complaint, there is one fundamental difference: the members of a collective action lawsuit must actively opt-in to the lawsuit, whereas in a class action lawsuit, individuals are part of the class unless they opt out.
Common Types of Class/Collective Action Lawsuits
People can suffer damages in many ways, so there is a wide variety of class action lawsuits that a group of plaintiffs can bring. Some common types include product liability, securities fraud, consumer protection, antitrust, employment discrimination, environmental, medical, civil rights, and bank fraud.
Common collective action lawsuits involve wage and hour claims against employers, overtime pay violations, and discriminatory hiring, pay, and promotion practices. These complaints are all related to employment law because by nature, a collective action lawsuit is meant to be filed under the FLSA.
Steps to Filing a Class/Collective Action Lawsuit
Filing a class or collective action lawsuit requires legal expertise, as well as a strong team of experienced advocates. Here are the steps you should take if you’re considering filing one:
- Consult with Experienced Counsel
First and foremost, you should retain an experienced attorney for your class or collective action lawsuit. - Determine if You Have a Valid Claim
Your attorney can help you determine whether a lawsuit is appropriate or whether you should join an existing lawsuit. - Gather Evidence
Strong evidence is critical for success in either a class or collective action lawsuit. - Seek Out Additional Plaintiffs
If the court allows you to proceed with a class action lawsuit, you will need to search for other individuals who may have been harmed. - File Your Complaint
Once you have filed your complaint, you will need to notify all parties involved and prepare for the court proceedings.
Class and collective action lawsuits are powerful tools for bringing about justice for a group of people who have suffered similar harm. By pooling resources and sharing the cost of litigation, plaintiffs can mount a more robust legal challenge than they could individually. However, such lawsuits require diligent and experienced legal representation. If you think you may be entitled to bring, or participate in, a class or collective action lawsuit, call an experienced attorney to ensure that your rights are fully protected.
What Compensation Can I Expect From A Class Action Settlement?
Class action lawsuits can be an effective way for individuals to seek compensation when they’ve been wronged as part of a larger group. These cases address issues like defective products, false advertising, or unfair business practices, allowing plaintiffs to pursue justice collectively. At the Law Offices of Arcadier, Biggie & Wood, we’ve guided clients through this process and helped them understand what to expect. A Class Action Lawyer from our firm is ready to assist you with your settlement. Below, we answer common questions about the compensation available through class action settlements.
How Is Compensation Determined In A Class Action Settlement?
The amount of compensation in a class action settlement depends on several factors, including the nature of the harm, the number of claimants, and the defendant’s ability to pay. Courts evaluate the total damages caused by the defendant’s actions and distribute the settlement accordingly. Each claimant may receive a share based on the level of harm they experienced, or, in some cases, all claimants may receive an equal payout.
What Types Of Damages Are Included In A Settlement?
Compensation in class action settlements typically includes economic damages, such as refunds or reimbursement for financial losses. In some cases, non-economic damages like compensation for inconvenience or emotional distress may also be included. Additionally, punitive damages may be awarded to deter the defendant from engaging in similar behavior in the future.
Will I Receive The Full Amount Of My Claim?
In most class action settlements, the total award is divided among all eligible claimants, which may mean you receive less than the full value of your individual damages. However, the collective nature of these lawsuits allows individuals with smaller claims to seek compensation when it might not be feasible to file an individual lawsuit. Your payout will depend on the settlement terms and the number of participants.
How Long Does It Take To Receive Compensation?
The timeline for receiving compensation can vary based on the size and complexity of the case. Once a settlement is reached, the court must approve the agreement, and a claims process is typically established to distribute funds. This process can take several months to over a year, depending on the specifics of the case and the number of claims.
What Happens If I Don’t Claim My Share Of The Settlement?
If you don’t file a claim in a class action settlement, you may forfeit your right to compensation. Unclaimed funds are often distributed among other claimants or donated to charitable organizations, depending on the terms of the settlement. It’s important to pay attention to deadlines and follow the instructions provided in the settlement notice to ensure you receive your share.
Class action lawsuits can provide a way to seek justice for harm caused by large-scale misconduct. If you’re considering joining a class action or have questions about an existing case, the Law Offices of Arcadier, Biggie & Wood are here to help. Our team is ready to assist with your legal needs and provide the support you deserve. Contact us today to speak with an experienced Class Action Lawyer and learn more about your options.
