Answers to Common Questions about Class Action Lawsuits
Getting answers to class action lawsuit FAQ from a knowledgeable San Diego, CA, personal injury attorney can help put you at ease when deciding the best approach to your case. We can help you recover all you are entitled to if you have been hurt in an accident, and explain whether a class action lawsuit is right for you. Attorney Chris Olsen will answer common questions about class action lawsuits below.
Class Action Lawsuits FAQ
To understand how a class action lawsuit works, it is important to know what makes up a class action. A class action is a lawsuit where a group of people with common claims come together against a common defendant. Some litigants find it beneficial to pursue claims in a group with people sharing similar circumstances, injuries, or damages from the same offender. Before initiating or joining a class action, it may be helpful to review these common FAQ:
- What does it cost to bring a class action lawsuit?: There is no cost to the victims who initiate a class action lawsuit; the cost is borne by the attorneys. The parties recover damages, less the expenses, once a successful verdict or settlement is reached.
- How is a class action different from a mass tort?: A class action lawsuit is brought by a group of injured persons with similar injuries, in similar circumstances, from the same defendant. A mass tort claim is one where the defendant is sued by a large group of victims but those victims retain an individual lawsuit and do not join the class action.
- How do I file/begin a class action lawsuit?: If you believe a number of people are similarly situated, the first step is to discuss the potential lawsuit with a qualified attorney. Once the facts are presented and the evidence is gathered, your attorney will advise as to whether a class action is a viable option. If so, you may act as the representative for the class by becoming the class plaintiff in the lawsuit.
- What is the difference between an opt-in and an opt-out class action lawsuit?: In an opt-in class action, each member of the class must take affirmative action to notify the court of their desire to be included in the class. In contrast, an opt-out class action requires no action and injured persons are automatically made part of the class.
- Can I use my own lawyer in a class action lawsuit?: If a plaintiff has opted out of the class, it is perfectly acceptable for that individual to use their own attorney to pursue damages. If the decision to opt-in was made, the complainant will be represented by the class attorney.
- How do I know if my claim is worthy of a class action lawsuit?: Generally, an investigation period is completed before determining whether to initiate a class action. When the amount of damages or the number of potential plaintiffs is not great, it is usually better to proceed individually. However, a small amount in damages can still be brought as a class action if there is a large number of victims suffering the same or similar damages.
We have the experience you need for a successful claim, and can help you decide whether to start a class action or file an individual suit.
Contact Olsen Law Offices for More Information
If you have been injured by a defective product, been wrongfully terminated, overcharged by a service provider, or suffered damages similar to a group of people under similar circumstances, we can help. We have the experience you need for a successful claim, and can help you decide whether to start a class action or file an individual suit. To schedule a visit, contact us online or call our office at (619) 550-9352.