If you are thinking about filing a lawsuit for personal injury, you should consider whether you should join a class action lawsuit or file a lawsuit on your own. A class action lawsuit is basically a lawsuit brought by a large group of individuals (litigants) who feel that some person or company violated their legal rights. In most cases, the class action lawsuit seeks money damages from the offending business or person, plus attorney and expert fees. If you are considering filing a lawsuit yourself, you should first research your local laws and regulations about class action lawsuits.
The main benefit of a class-based lawsuit is that it allows the plaintiffs in the lawsuit to be compensated individually for the damages that they have been awarded.
This is different from a lawsuit where the plaintiff is usually compensated only if they win the lawsuit. In a medical device case, the plaintiff is usually required to obtain financial damages from the defendant’s insurance company. If the plaintiff obtains monetary damages from the defendant’s insurance company instead of seeking compensation from a class, the cost of the lawsuit will typically be higher.
Class action lawsuits also limit the number of awards that can be received.
For example, if a plaintiff only obtains one award, then that person will not be eligible to receive monetary compensation for future claims against that same company. On the other hand, a settlement agreement provides for one settlement, with an agreed upon amount, to be paid over time to the plaintiff. However, each party has the right to opt out of a settlement at any time. It is not required to do so, but many attorneys advise their clients to do so.
When a plaintiff receives financial compensation, they may feel entitled to further compensation for things other than their treatment at a particular medical center.
A class action lawsuit limits the ability of the plaintiff to sue because all members of the class are awarded the same amount. As with monetary damages, the class action lawsuit also limits the ability of the plaintiff to sue again once the settlement has been reached. This is true whether or not the settlement agreement includes an assignment of the case to a new attorney. When a case is settled for an award of financial compensation, the plaintiff and their legal representation are required to agree on the terms of the settlement before it becomes final.
There are certain benefits to class action cases that are not present in a settlement.
Class actions are known for their ability to force companies to address issues in a timely manner. The courts are less likely to award excessive compensation when a class action suit exists. Also, a settlement agreement is much less likely to result in a litigant vacating a court judgment for reasons that would require the filing of a new lawsuit.
Class action lawsuits are often complex and time consuming.
The plaintiffs who choose to pursue them have to be able to dedicate a great deal of time to studying the case. They must also make numerous phone calls and make numerous visits to courtrooms. The additional time and effort required to become a class member can prove costly, especially for plaintiffs who lack the financial means to fund a lawsuit on their own. If you find yourself in one of these situations, it may be better to file a claim as a class rather than waiting until you have enough funds to pursue your case through the court system.
