29 Apr 11 What Constitutes a Class Action Lawsuit
A class action lawsuit is filed on behalf of a large group of people who have all been injured as a result of the actions or negligence of the defendant. Generally, a small group of the class will file the lawsuit and serve as representatives for the entire class during any proceedings. Damages awarded in a class action lawsuit will be used to compensate all members of the class for any injuries suffered.
Criteria to Receive Class Action Status
The following criteria must be met in order for a claim to move forward as a class action lawsuit:
- Numerosity ' There is a large number of people who have suffered similar injuries due to the actions of the defendant, making the handling of these claims more efficient as one lawsuit than as many.
- Commonality ' The claims all possess common factual issues and questions of law.
- Typicality ' The plaintiffs chosen to represent the entire class must have claims that are reflective of the average class member's claim.
- Adequacy ' The plaintiffs chosen to represent the entire class must be able to properly represent the interests of all plaintiffs belonging to the class.
Joining a Class Action Lawsuit
You will generally not have to take any action to join a class action lawsuit. If you qualify as part of the class action, you will automatically be included in the lawsuit unless you opt out. If you decided to opt out, then you have the right to pursue your own claim against the defendant. If you choose to join the class action, you will forfeit your right to pursue separate legal action, and you may be bound by the terms of the verdict or settlement agreement.
When the class action lawsuit is initiated, a notice will be sent to all individuals in the class informing them of the legal action being taken as well as any actions they must take in order to participate or opt out.
Damages in a Class Action Lawsuit
There are two types of damages awarded in class action lawsuits ' punitive and compensatory damages. Compensatory damages are awarded to address the injuries suffered by the plaintiffs. This may include:
- Property damage
- Medical bills
- Loss of life
- Pain and suffering
Punitive damages are assessed to punish the defendant for actions that demonstrate a gross disregard for the health, safety, and emotional well being of the injured victims. Punitive damages are also assessed when the defendant knowingly committed illegal acts which resulted in an injury to the plaintiff class.
The compensation will not necessary be distributed equally to all members of the plaintiff class. It may be apportioned according to the amount of damage suffered by each class member.
About the Author:
For more information about class action lawsuits, please visit the website of Colling, Gilbert, Wright & Carter, serving clients in Orlando Florida.
