Keys to Winning a Class-Action Lawsuit
A class-action lawsuit is a civil suit or tort in which the plaintiff includes a "class" of people. The class will be identified as a group alleged to have been damaged. While class-action suits are very helpful legal tools in many circumstances, they are often very time-consuming, difficult to organize and expensive to litigate.
Forming a Class
To constitute a class, the group must have a minimum of 25 members who suffered the same damages from the same event. Frequently, members of a class, damaged by another party, do not know a lawsuit is being filed on their behalf. They may not even know they have been damaged or realize there is causation between damage they have endured and the neglect, negligence or malice of another. Individuals in the class must be made aware of the existence of the class, which can be a tedious and expensive process.
Class Notification
Public notice must be given, in an effort to alert potential class members of the legal action being taken. Generally, class members are given the option to be excluded from the class, which they are required to be if they plan to take individual legal action for the same actions the class is pursuing. All notification and opt-out procedures must be fulfilled before the suit can continue.
Proving Your Case
Once a class-action suit gets to a courtroom, it is basically the same as any other lawsuit. The plaintiffs' lawyer must have a legal theory that shows illegal behavior by the defendant. Further, he must demonstrate that the defendant's actions caused damages to the plaintiffs. Technically, "winning" the case means convincing a court you are correct and getting a verdict in your favor. Practically speaking, "winning" is not just getting a verdict in your favor, but also being awarded adequate compensation for your damages. Adequate compensation includes costs incurred as a result of the defendant's actions. It may also include money for pain and suffering and/or punitive damages.
Expeditious Settlements
There's generally nothing expeditious about a lawsuit, especially a class-action lawsuit. Such a lawsuit can easily take a decade. Moreover, just as it doesn't help plaintiffs to get a winning verdict only to be awarded inadequate damages, it's not a big help if the settlement isn't approved and paid in a reasonable amount of time. While it's illegal for a defendant to delay litigation or payment expressly for the purpose of avoiding his obligations, it's regularly done under the guise of other legal procedures.
Typically, defendants will weigh the cost of litigation, including pursuing all strategies, against the cost of offering a settlement or expediting a trial when they believe they have some liability. "Winning" economically, for the plaintiffs, includes limiting delays, not just in the litigation of the suit but in receipt of payments. For this reason, if circumstances so warrant, good attorneys will advise their clients (the plaintiffs) that pursuing further litigation will ultimately be more expensive than accepting a settlement payment from the defendant.
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