Class action lawsuits consolidate hundreds or even thousands of cases stemming from a single event or cause, allowing victims to seek justice collectively. These lawsuits not only streamline the legal process and conserve judicial resources, but help ensure full compensation for all involved.
However, the timeline for resolving a class action lawsuit can vary widely. While some cases may conclude within two to three years, others can stretch on for five to ten years, depending on the complexity and specific challenges involved.
Read on to learn what factors impact the length of a class action lawsuit, how to protect your rights throughout the process, and how the undefeated Texas personal injury attorneys at Zehl & Associates can fight relentlessly for justice on your behalf.
The Purpose of Class Action Lawsuits
Think of the 1984 Bhopal disaster, which killed up to 20,000 people and led to hundreds of thousands more getting sick. Imagine the strain on the judicial system if every one of those cases had to be resolved individually–and the same facts had to be proven hundreds of thousands of times. The Bhopal case,unfortunately, was not resolved through class action. The result was unjustified delay, inadequate compensation, and significant corruption.
Types of Personal Injury Claims That Frequently Become Class Actions
Not every type of personal injury case is suitable for class action treatment. The following types of cases are more suitable than most:
- Defective drugs: Defective drugs may cause sickness or kill thousands of people.
- Product liability claims: An example might be defective airbags installed into millions of cars.
- Toxic exposure: Contaminated water supply and oil spills might fall into this category.
- Consumer fraud: A multitude of people might suffer injury when a dangerous product is marketed as safe, for example.
Many other circumstances lend themselves to resolution through class action lawsuits.
Class Action Procedure
Below is a summary of the general procedure for filing and concluding a class action lawsuit.
Find a Qualified Attorney
Be aware that most attorneys lack experience handling class action lawsuits. A skilled class action lawyer will understand the procedural nuances, have the ability to manage substantial amounts of evidence, and navigate the legal system efficiently to secure the best possible outcome for the class. Finding an attorney with this expertise ensures that your case is in capable hands.
Identify the Class
A class in a class action lawsuit typically consists of a group of individuals who have experienced similar harm or injuries due to the same product or action. For example, anyone who received a specific type of defective hernia mesh implant that caused medical complications or anyone harmed by a particular defective drug could form a class. These individuals share common claims, such as the manufacturer’s negligence, product defects, or failure to warn about potential risks.
Determine Whether the Plaintiffs Qualify for Class Action Treatment
Many factors apply here. The criteria for certifying the class are:
- The class is so numerous that the joinder of all members is impracticable,
- There are questions of law or fact common to the class,
- The claims or defenses of the representative parties are typical of the claims or defenses of the class, and
- The representative parties will fairly and adequately protect the interests of the class.
Meeting these criteria ensures that the class action can move forward efficiently and fairly. If the court certifies the class, the lawsuit can proceed, allowing plaintiffs to pursue justice collectively.
File the Initial Lawsuit
The lawsuit will include a plea that the court certify an entire class of plaintiffs. Since most personal injury law is state law, you might want to file your claim in the appropriate Texas state court. Then again, you might find it advantageous to file your case in federal court if it qualifies.
Since class action lawsuits tend to involve many plaintiffs in many jurisdictions with a large amount in controversy, it is likely that the defendant will have the option to remove the case to federal court if they so desire. This can make a lot of sense when the case involves plaintiffs from all over the United States.
The Court Holds a Hearing on Whether to Certify the Class
The defendant has the right to contest the certification of the class.
Once the court certifies the class, then you, or the plaintiff who initiated the class action, will represent all of the other plaintiffs. These plaintiffs will not directly participate in the lawsuit.
The Court Notifies the Plaintiffs and Gives Them the Chance to Opt Out of the Lawsuit
If the court does certify the class, it will notify the class plaintiffs of the lawsuit and offer them the chance to opt out. Notification may take place by email, surface mail, or publication, among other methods.
Pretrial Discovery
During pretrial discovery, each side demands evidence that is in the possession of the other side. This can involve cross-examining the other side’s witnesses, submitting written questions, copying documents, and demanding access to physical evidence.
Negotiate a Settlement (If Possible)
It is important to note that since not all plaintiffs participate in the lawsuit, the court must approve any settlement.
Go to Trial (If Necessary)
Very few class action lawsuits make it as far as trial. Almost all of them are resolved through private settlement.
Don’t Try This on Your Own
Even most professional attorneys have no experience managing class action lawsuits. Do not try to represent yourself, and make sure to hire a Texas class action lawyer who is experienced in handling class action personal injury lawsuits. Contact Zehl & Associates today to schedule a free consultation and get your questions answered.
Undefeated Texas Class Action Lawyers: Call 1-888-603-3636 for a Free Consult
Having won Billions and successfully represented thousands of people across the United States against the largest companies in the world, our undefeated Texas class action lawyers have the experience and resources to ensure you and your family are fully compensated for all of your injuries and losses.
If you or a loved one need guidance on whether to participate in a class action suit or mass tort claim, call us for a free consultation today at 1-888-603-3636 or click here to send us a confidential email.
All consultations are free, and because we only represent clients for a contingency fee, you won’t owe anything unless we win your case
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours