How do class actions work

The lead plaintiff, as well as other class members, are asked to substantiate the basis for the claim. If the plaintiff and defendant are unable to reach a fair settlement during the trial process, the jury will choose in favor.

Once the lawsuit has been settled, the attorneys involved in the case will inform class members of the settlement and of their right to opt out of the case. Class members that fail to collect their compensation may have their awarded damages be given back to the defendant, distributed among class members, or donated to a charity or non-profit organization.

Have you or someone you love been injured because of the negligent, reckless, or intentional conduct of another? First, a class is defined and a representative plaintiff is chosen. Then an action is filed in the appropriate court. Next, for the claim to proceed as a class action, a court must first permit, or "certify" the case as a class action.

How does a class action become certified? Certification is granted where the court is satisfied that:. What is a representative plaintiff? A representative plaintiff is the class member who agrees to act on behalf of the rest of the class. The representative plaintiff works with the lawyers to ensure the interests of the class are fairly represented and diligently pursued.

Representative plaintiffs may also be required to give a short deposition detailing their individual claim and respond to written questions about their claim. How do I become the representative plaintiff? Mobile Newsletter chat dots.

Mobile Newsletter chat avatar. Mobile Newsletter chat subscribe. Prev NEXT. Here are some of the main requirements under Rule Advertisement. Certification -- The judge must certify the plaintiffs as a class. For this, it must be impractical for plaintiffs to sue individually, they must share a common complaint, and the defendants must share a similar defense for all plaintiffs. Only 20 to 40 percent of lawsuits that are filed as class actions receive certification [source: Rothstein ].

If you think you've been overlooked as a potential class member in a class action, the best thing to do is check the legal notices in your local newspaper. You can also search online for an existing class. Just type in a few words describing the potential case, followed by the term "class action.

You can then contact the firm or firms and ask about the status of the case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. What Is a "Class Action"? You've received a "Notice of Class Action" via email or regular mail. What does this mean, and what do you need to do? What Is a"Class Action" Lawsuit?