Usually when you suffer an injury or loss caused by another person, you may file a lawsuit against such person individually for your personal injuries, loss of income, or some other harm you suffered. But what happens when you are one of a group of people who suffered similar harm, injury, or losses caused by the actions of a business or corporation? In these cases, you and the other people like you can form a class and go after the person who harmed you in a class action lawsuit. This will allow all of your claims to be aggregated with representation by a single law firm to make things more efficient. However, class action lawsuits can be very complex, with a set of requirements under Pennsylvania law that must be met in order to go forward with the action. This requires the services of an experienced attorney to represent you and the other class members.
What Are the Requirements for a Class Action Lawsuit?
In order to bring a class action lawsuit, the attorney representing the group of people must comply with a number of requirements. The first is a common defendant, meaning that each member of the class must have been harmed by the same person, firm, or business entity. The second requirement is numerosity. This means that the number of people harmed is so large that it would be impractical for each individual plaintiff to bring an action on behalf of him or herself. While there is no set number under Pennsylvania law, the greater the number, the more likely the court will certify the class action lawsuit.
Commonality is also a key requirement. All of the members of the plaintiff class must have similar legal and factual issues. In a product liability case, this might be all of the people who purchased a product that proved defective.
There are also requirements that must be met for one of the plaintiffs to be named as lead plaintiff in the lawsuit. The first is typicality, meaning that the claims of the lead plaintiff are similar to those of other class members. The second is adequacy, meaning that the lead plaintiff’s case will fairly and adequately protect the interests of the entire class of plaintiffs.
Finally, the plaintiffs will have to demonstrate to the court that a class action lawsuit is a fair and practical approach to resolving the claims. This will often be demonstrated by fulfilling the other requirements. In addition, you may need to show how having each individual plaintiff bring a separate lawsuit won’t work for this type of case.
What Kind of Cases Can Be Brought Using a Class Action Lawsuit?
The types of cases that can be brought using a class action lawsuit are very broad. Basically, any type of case where a company or business entity caused an injury to a large group of people can be addressed with a class action. For example, a group of customers harmed by a deceptive business practice, like the fees charged by a ticket vending company or a financial institution, can bring a class action. These are also used when there is a leak or hack of nonpublic private user information from companies that do business on the internet. Some of the most common ones involve consumers injured by defective products, dangerous drugs, and medical devices that don’t function properly. Employees who have suffered discrimination or were not paid for overtime can sue an employer if the class is larger enough and the harm widespread to a sufficient number of employees.
What Are the Steps for a Class Action Lawsuit?
There are a number of steps you must go through before you can bring a class action lawsuit. First, you will need to have your case evaluated by an experienced attorney. This person will make sure that there is a legal basis for your claim against the defendant, which would be the case even if you were planning to sue the defendant individually. Once you have confirmed that you do have a cause of action against the defendant, you will need to determine whether the other people who have been harmed by the same entity are sufficient for the purposes of a class. While you don’t need to know the identity of all potential class members, you should be able to give a ballpark figure on the size of the class.
Your next step will be to file the complaint. This will not only have all of the elements of a traditional complaint in a Pennsylvania civil action like the facts of the case, legal arguments, and claim for relief, but also will identify the class and set forth the remedy sought for all of the class members.
Once the complaint has been filed, you will need to notify the potential class members of the class action lawsuit, and provide them with the right to opt out of the case if they so desire. One key aspect of a class action is that you cannot take away another person’s private right of action against the defendant, which is why you need notice to all members and a means to opt out of representation. There are a number of different ways to notify potential class members, such as by mail, advertisements, and email messages.
You will then need to request class certification from the court. This requires you to demonstrate that you have fit the criteria for a class action lawsuit. If the court agrees and certifies the class, then you can proceed with discovery, motion practice, trial preparation, settlement negotiations, and the trail itself if the case is not settled beforehand.
What Happens if the Class Action Is Settled or Ends in a Positive Verdict at Trial?
Like most civil cases in Pennsylvania, the majority of class action lawsuits are settled before trial. If there is no settlement, then you will go forward with the trial and, if the verdict is positive, then proceed with collection. If you lose the case, you have the right of appeal, as does the defendant if you win the case. This is one reason why settling a case is often a preferred course of action since settlement involves waiving the right to appeal.
Any settlement or jury award in a class action lawsuit will set forth how class members are compensated. Sometimes it is a pro rata share of a cash award. Other times, it may involve a free product or service, such as identify theft protection services that are often awarded in the event of a data breach. Each class member who did not opt out will be entitled to receive his or her award, which will be handled by your attorney. In addition, one of the benefits of a class action lawsuit is that the legal fees will be paid from the settlement or jury award. The potential fees will be either a percentage of the recovery or a fixed amount set forth at the beginning of the case, subject to the review and approval of the court. As a result, you and the other class members will not have to go out of pocket to bring this action.
If You Believe You May Be Part of a Sizeable Group of People Harmed by the Same Defendant, Our Attorneys Can Assist You With Bringing a Class Action Lawsuit
Class action lawsuits are a great way for a large group of people harmed by the same entity in a similar manner to receive compensation for their injuries. The experienced class action attorneys at Jones Gregg Creehan & Gerace, LLP, can evaluate your case and determine if you are entitled to bring a class action lawsuit against the person or business that injured you. We will fight hard to get you the compensation you deserve. Contact us today.