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Starting, Joining & Opting Out
How to
Start a Class Action
A person may be able to start a class action if he or she is injured, either financially or physically, because of the wrongful actions of a corporation and believes others were harmed in the same way.
Class action lawsuits allow hundreds or potentially thousands of individuals to join together and take legal action against a person or entity in instances when it would not be financially viable for them to file individual lawsuits.
Frequently Asked Questions
How Many People Are Needed for a Class Action?
Class actions can be started by just one person or a small group of people, and are filed on behalf of all those who suffered similar injury or financial harm. In general, if at least several dozen people were injured in a comparable way, it may be appropriate to file a class action. After a lawsuit has been filed, a judge will evaluate whether enough people have been injured in the same way, among other factors, in determining whether the case can move forward as a class action.
Who Can File a Class Action Lawsuit?
In general, anyone can start a class action lawsuit; however, there are certain requirements that must be met. Anyone who wants to start a class action should first speak with an attorney experienced in handling these types of cases. He or she can help determine whether a class action lawsuit can be filed.
How Much Does a Lawyer Cost?
Most class action lawyers do not get paid unless the case is successful. In these instances, the attorney handling the case will receive a percentage of the final settlement or court award.
Can I Receive a Financial Reward for Starting a Class Action?
At the conclusion of a class action, the lead plaintiffs may receive an "incentive award" for serving as the class representative. This award is intended to compensate the lead plaintiff for filing the lawsuit and for actively participating in the case.
If I Want to Talk to a Lawyer, What Will I Need?
Most class action law firms offer free consultations either online, in person or on the phone. During this consultation, the attorney may ask about the details of the potential case and request supporting documentation if he or she believes a lawsuit can be filed. For instance, if you believe your dryer caught fire due to a design error, the attorney may ask you for photos of the damage and documents, such as receipts or paperwork, pertaining to recent repairs or services to the machine.
Because courts tend to dismiss frivolous lawsuits, the attorney will want to make sure his or her potential client has a valid claim before filing a case. The attorney may research the outcomes of cases involving similar allegations, determine which federal and state laws, if any, have been broken, and find out how many other people may have been harmed in the same way as his or her client.
Filing a Complaint - The Document That Starts a Class Action
The legal document that officially starts a class action is called a "class action complaint." After an attorney has reviewed and investigated the factual and legal issues at hand and determined that a lawsuit can be filed, he or she will draft a class action complaint. The complaint will describe the events that caused the injury or financial harm suffered by the client.
The complaint will also state that the lawsuit seeks to recover compensation for the person filing the suit (known as the "lead plaintiff") and for all other individuals who suffered the same type of harm. For example, if you are filing a class action lawsuit against your employer for discriminating against you on account of your age, the suit may seek to represent all other employees of the company who also faced age discrimination.