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Sometimes it happens that hundreds or even thousands of people have personal injury claims based on the same facts. This often happens, for example, when the same defective drug is distributed to millions of people across the country. Injured victims might file a multitude of lawsuits. Viagra lawsuits are an example, although they did not proceed to class action. If plaintiffs file a multitude of lawsuits with similar facts, the same facts might have to be litigated a multitude of times. This state of affairs generates a need for consolidation. Two means of consolidating lawsuits under US law are multidistrict litigation (MDL) and class action.
Managing a class action lawsuit involves finding the right court, filing a lawsuit, certifying the class, and notifying class members of their right to opt-out.
While many courts have the right to initiate class action lawsuits, not every court is capable of handling every potential class action case. Complex class actions often require a lot of resources and specialized knowledge. To the extent that you have a choice, think carefully about which court you choose.
The first step in a class action is filing a complaint on behalf of yourself and other people who have suffered harm similar to yours. The complaint must identify the claims against the defendant and clearly define the class of plaintiffs. For example, you might file a product liability lawsuit and include as plaintiffs anyone who used a certain kind of hernia mesh.
The court that will hear the lawsuit must certify the class of plaintiffs who will benefit from a successful lawsuit. There are various legal requirements needed to satisfy this step.
Once the court certifies the class, you or your lawyer must notify potential class members of the existence of the lawsuit and their right to opt-out. If a class member opts out, they can pursue their own lawsuit. Any class member who fails to opt out is automatically included in the class. The final judgment or settlement applies to any class member who fails to opt-out.
Both federal law and Washington state law require court approval of any settlement of a class action lawsuit.
If you’re planning on mere passive participation in a lawsuit, you might not need a lawyer. You will need an experienced personal injury lawyer, however, if you’re planning to opt out of the class action and file your own individual lawsuit. You will also certainly need a lawyer if you plan to file your own class action lawsuit. Don’t worry about money. Under the contingency fee arrangement that most personal injury lawyers use, you only pay legal fees if you win compensation. If you think you have a valid claim, call an experienced personal injury lawyer for a free initial consultation.
If you’ve been injured in Seattle, WA, and need legal assistance, contact Davis Law Group Car Accident and Personal Injury Lawyers. Contact our legal team and schedule a free consultation with a personal injury lawyer today. We proudly serve King County in Washington and it’s surrounding areas. Visit our law office at:
Davis Law Group Car Accident and Personal Injury Lawyers
2101 4th Ave 1030 Seattle, WA 98121
Hours: Open 24/7
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