How to Get Involved in a Class Action Lawsuit

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How to Get Involved in a Class Action Lawsuit

Filing a class action lawsuit is one of the many ways to take legal action against another party for their role in your injury. While this type of lawsuit has been around for years, not so many people know exactly what it entails and how to join one. This article covers the most important things you need to know about class action lawsuits, including how to join. 

The Class Action Lawsuit Process Explained

The class action lawsuit process begins by consulting an experienced class action lawyer if you have been injured due to someone else's negligence. 

Many class action lawsuits involve product liability cases.

These are the kinds of cases where the plaintiff wishes to take legal action against the defendant after being injured by a defective product manufactured, handled, marketed, or distributed by the plaintiff. When you file a class action lawsuit, you and many other plaintiffs seek compensation for similar injuries. 

The term 'similar injuries' means you and other plaintiffs in the class action lawsuit share identical injuries due to the defendant's actions or lack thereof. Take a defective electric kettle as an example. Suppose the kettle had a defective design, burning the user when they opened the lid after boiling water. In that case, if other users also suffered similar injuries while using the kettle, then they might as well join the class action lawsuit to seek compensation for their injuries. 

In a class action lawsuit, you can be involved as the lead plaintiff or a class member. Here's the difference between these two: 

Who Is a Lead Plaintiff?

A lead plaintiff is an individual who represents other class members in a class action lawsuit. Lead plaintiffs tend to pocket a higher settlement when they win the case because they are actively involved in the litigation process.

On the other hand, other plaintiffs don't need to do anything during a class action lawsuit. All they'll need to do is wait for the outcome of the court's ruling. If they win the case, they'll receive compensation, which is usually shared among the class members. 

When the compensation is released, other class members might be required to sign a document confirming receipt of the settlement. Other than that, they are pretty much not involved in the litigation process. 

It is also important to note that there can be more than one lead plaintiff in a class action lawsuit.

What Does a Lead Plaintiff Do?

As mentioned earlier, the lead plaintiff represents all other plaintiffs in the class action lawsuit. For this reason, their roles are almost similar to that of a plaintiff in a standard personal injury lawsuit. More specifically, the lead plaintiff does the following:

Hires a Class Action Attorney
This individual is responsible for researching around for a good class action lawyer. Once they find the attorney they wish to work with, they will schedule a consultation with them to discuss the case. If the attorney concludes that the plaintiff might have a valid case against the defendant, they will decide the best course of legal action to take, in this case, a class action lawsuit. 

Files a Class Action Lawsuit
The lead plaintiff is also responsible for filing the lawsuit against the defendant. This usually happens after collecting evidence and building a strong case against the defendant. 

Attends Court Sessions
One of the reasons lead plaintiffs receive higher settlements than other plaintiffs in the class is because they're usually involved in almost every aspect of the lawsuit. From attending deposition to testifying, the lead plaintiff plays a significant role throughout the case.

Assesses the Settlement Offer
With the help of an experienced class action attorney, the lead plaintiff will also assess the settlement and agree to its terms if it is reasonable. If agreed, the defendant will be required to release the settlement, which is then shared among the class members. 

What Are Some Benefits of Being a Lead Plaintiff?

As the lead plaintiff, you could benefit significantly from a class action lawsuit, that is, if you win the lawsuit. 

Here's how:

As mentioned before, lead plaintiffs keep the larger share of the settlement when they win the case. This is because they are usually more involved in the case than other plaintiffs, who only sit back and wait for the outcome.

Being a lead plaintiff also means you'll have more control over the case. However, the same cannot be said when you're not the lead plaintiff. Specifically, lead plaintiffs can either agree or disagree with the settlement offer and many other aspects of the case. 

In most class action lawsuits, lead plaintiffs don't need to spend any money out of their own pockets. On the downside, though, they will be required to spend their time on the case. 

This includes depositions, court sessions, meetings with the attorneys, etc.

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