When more than one person files legal action against a single defendant, it is referred to as a class action lawsuit. When several people have suffered injuries as a result of another party.
Some famous examples that have impacted our US history are the Anderson vs. Pacific Gas & Electric Co. case that involved hundreds of small community residents whose drinking water had been contaminated. Or the Tobacco Master Settlement Agreement that swept the nation in 1998, paving the way for health-conscious marketing aimed at reducing smoking rates in young people.
If you have been injured by a negligent party and you believe other people may have been similarly affected, you may need a Miami class action lawsuit attorney. There are many different types of class action lawsuits, and going this route offers many benefits for all involved parties.
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Common Types of Class Action Lawsuits
Class action lawsuits can fall into different categories:
Product Defects
Many class action lawsuits are related to product defects, which can be dangerous or even deadly. Because products affect multiple people, filing a class action lawsuit makes sense. Class members receive a portion of the settlement, and the defendant is required to make changes to protect customers in the future.
Dangerous Drugs
Defective or dangerous drugs can potentially injure thousands of people. Class action lawsuits can be used to ensure that pharmaceutical companies are held accountable for their actions. Class members have brought class action lawsuits against companies selling defective drugs, surgical materials (such as implants), and contraceptives.
Employment
A single lawsuit against an employer often isn’t enough to facilitate meaningful changes to the employer’s policies and practices. Class action lawsuits bring these issues to light in a public manner and in a meaningful way that results in beneficial changes. Common types of employment class action lawsuits include violations against state or federal law, wage or hourly pay law violations, discrimination and sexual harassment.
Finance
Companies that violate securities laws or use predatory lending practices are often the subjects of class action lawsuits.
Civil Rights
There is power in numbers. That’s why class action lawsuits can be very effective at settling civil rights issues. In 1954, the Supreme Court made a decision on the Brown v. Board of Education class action lawsuit, which put an end to racial segregation in public schools. More recently, class action lawsuits have been used to settle issues with police conduct, sex discrimination policies in the workplace and the unfair treatment of people with disabilities.
Environment
Environmental issues, like pollution and clean water, affect multiple people, and those affected by these issues can band together to file a class action lawsuit. If a business’s waste disposal practices contaminate nearby property, owners of those properties can file a class action lawsuit to recover their lost property values.
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What are the Benefits of a Class Action Lawsuit?
There are many benefits to filing a class action lawsuit, including:
Lower Legal Costs
Class action lawsuits help reduce the cost of litigation because all class members are sharing the cost. In many cases, class action cases are handled on a contingency fee basis, which means that the plaintiffs won’t incur any legal costs unless the case is won.
Uniformity in Judgments
Filing lawsuits individually can result in conflicting judgments, which can make it difficult for future plaintiffs to recover damages. Class action lawsuits allow similar plaintiffs to recover damages in a similar way.
Improved Practices
Ultimately, class action lawsuits force changes that benefit consumers, property owners or employees. Defendants may have to change their policies, practices or processes to ensure that the situation that led to the lawsuit never happens again.
Streamlined Legal Process
With a class action lawsuit, a judgment for a single plaintiff will serve as a judgment for all plaintiffs involved in the lawsuit. This allows all class members to recover damages at the same time, rather than having to bring each case to court individually.
What is the Process for a Class Action Lawsuit in Miami?
A Miami class action lawsuit attorney will take several steps to ensure that the case is valid and can be filed. In many cases, attorneys will reach out to customers and hire experts to determine whether the case is viable and worthwhile. Investigation is one of the first steps in the process.
If the case is deemed viable, the next step is to file a lawsuit. Although class action lawsuits have multiple class members, the lawsuit will be filed by one or multiple persons on behalf of the class members. The person or persons filing the suit will be named on the complaint.
A lawsuit is not considered a class action suit until the presiding judge gives it the class action status, also known as class certification. Once a judge has given this ruling, the case can move through the next stages:
- Discovery: Attorneys collect documents and conduct depositions.
- Settlement or Trial: In most cases, class action cases settle before they go to trial. Settlements are not final until they are approved by a judge. If no settlement is agreed upon, the case goes to trial.
- Notifying Class Members: Once a resolution has been found, attorneys will issue a notice to class members notifying them of the result and their right to opt out of the case.
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