Class action lawsuits are designed to help large groups of people obtain compensation for similar injuries caused by the same product, service, or company. Starting a class action lawsuit can be intimidating and you may be unsure of how to begin.
Even if you and some other people have gotten together and decided to try to file a class action lawsuit, you must still meet certain requirements to be able to do so. Here’s what you need to know and how the experienced consumer protection attorneys at Mazow | McCullough, PC can help you.
There Must Be Enough People Willing to Participate In the Class Action Lawsuit
Class action lawsuits are specifically for multiple people who were injured or harmed in the same manner. In most cases, attorneys will usually only accept class action cases with 40 or more plaintiffs. If there are too few people, you may still have legal recourse by filing an individual consumer protection lawsuit against the business that provided you with a harmful product or service.
The best way to find out if you are eligible for either a class action lawsuit or an individual consumer rights claim is to consult with an attorney who can go over the specifics of your case and decide if you have enough people, evidence, and time to successfully file and potentially win your class action lawsuit.
All Plaintiffs Must Have Suffered Similar Injuries or Injuries Caused By the Same Defect
To qualify for a class action lawsuit, each plaintiff must have been injured or otherwise harmed in a similar way or by the same thing. For example, if a faulty lighter malfunctioned in a certain way, you would expect each plaintiff to have a similar burn injury on their hand or wrist. You likely would not be able to include plaintiffs who were burned elsewhere on their bodies and/or were burned by a different malfunction or simply by misusing the product.
Another example might be if a group of plaintiffs became ill or got sick from the same harmful product. Say a grocery store manager left a box of perishable food items out and allowed them to expire before selling them to customers, and all of the customers who consumed the product got severely sick. Even if not all plaintiff’s required hospitalization, all of them would likely be eligible for compensation, even just for their pain and suffering.
The Defendant Must Have Actually Violated One or More Laws
You also must be able to establish that the defendant you are filing a class action lawsuit against actually violated one or more laws. Consumer laws are typically written and governed by the Federal Trade Commission (FTC), and your attorney must be able to clearly illustrate how the business you are suing has violated or otherwise neglected to follow applicable laws in their industry or for consumer products overall.
You can be confident that the company’s legal team will do everything within their power to mount a strong defense, because many class action lawsuit payout in the multiple millions when they are successful. Be at fault business may try to prove that even though people were hurt by their product or service, they did not violate any laws and therefore cannot be held responsible for the actions of consumers. It’s important that you have a qualified law firm who can stand up against unscrupulous companies putting profit ahead of consumer safety on your side.
How a Consumer Protection Attorney Can Help You File a Class Action Lawsuit
It’s extremely difficult if not impossible to file a class action lawsuit alone. You will need an experienced attorney who can help you locate other plaintiffs for the suit and who can communicate with the company’s legal team on your behalf. Your lawyer can help you gather evidence not only from your case but from the cases of other plaintiff’s and compile substantial proof of the defendant’s egregious actions.
Your consumer protection lawyer will also advise you on what actions you should or should not take throughout the legal process so you do not compromise your claim or the claims of others. The attorney will serve as a single point of contact for all plaintiffs in the case.
Call Mazow | McCullough, PC For Legal Help Today
If you think you may be eligible to file a class action lawsuit, or you believe your consumer rights were otherwise violated, don’t hesitate to reach out for legal help to determine if you have a case. If you wait too long after becoming injured to pursue a class action lawsuit, you may forfeit your right to file for compensation.
At Mazow | McCullough, PC, we have the skills and expertise needed to provide you and any others who may have also been harmed with Comprehensive legal advocacy. Contact us today for more information by dialing (978) 744-8000 or toll free at (855) 693-9084.