When dealing with insurance companies and large businesses, we often see an attempt by these entities to unfairly capitalize on their relationship with consumers. In every area of our practice, we assess whether a specific case may have broader implications that may merit class action litigation. Whether you are an individual who has been harmed or a lawyer seeking a law firm with the experience and resources to handle class action litigation, please contact us to discuss your case or issue. We handle class action cases throughout the United States.
Class action lawsuits help level the playing field between big business and regular people. In a class action, people who have been similarly harmed by a big company can join together and file a lawsuit on behalf of the entire class of people. Often, class action lawsuits with many plaintiffs have a greater weight and a greater chance of success than one plaintiff filing a claim alone. While this is not true for every case, we are able to evaluate the circumstances of each particular case to determine if a class action lawsuit would be the best avenue for maximum compensation and justice.
There are several factors that law firms must consider prior to bringing a lawsuit as a class action:
Are there enough people affected by the illegal practice to warrant a class action? While a class action lawsuit technically only requires one plaintiff, suits with less than 30 plaintiffs can be difficult to win. Numerosity is a crucial element to successful class action lawsuits, and the more plaintiffs with solid cases that can be added to the suit, the more chance there will be for a desirable outcome.
Do the affected people share common legal issues? A class action suit is often thought of as one suit with many plaintiffs. While not all the plaintiffs in a class action lawsuit are going to have the exact same problem, it’s important that the issues the plaintiffs have are similar. For example, a class action lawsuit for product liability may be brought against the manufacturer of a particular drug if that drug caused harm to a number of people. The plaintiffs need not to all have experienced the same side effects and complications from the drug, but it must be reasonably stated that all plaintiffs experienced some sort of significant harm from the same drug.
Are the claims of the person(s) bringing the suit typical of those of the entire class? In some cases, the details of the issues faced by the plaintiffs will be similar. Perhaps the plaintiffs did all experience the same side effect from a particular drug, or perhaps the plaintiffs of a medical malpractice class action suit all received similar injuries during a surgery performed by a single surgeon. For a class action suit to be successful, it’s important that the claims of the plaintiffs align reasonably well.
Will the law firm bringing the case be willing and able to represent the interests of the entire class? Not all law firms can or will represent the best interests of a multitude of people. Class action lawsuits often involve deep negotiations and many of them end up in litigation. You want to be certain that the law firm you choose has the ability and desire to represent all the plaintiffs in the suit and that the firm will work hard to ensure that each plaintiff receives the maximum compensation available in the case.
If you think that you have a potential class action claim, please contact Mazow | McCullough, PC, today to discuss your options.
We will go over your case in depth to determine if your suit fits within a current class action lawsuit or would be the start of a new class action suit, or if your claim is a better fit for an individual suit against the defendant. These matters can only be decided after a thorough review of all the facts of your case, so don’t hesitate to schedule a consultation to go over the evidence. Call now for an appointment at (978) 744-8000 or toll free at (855) 693-9084.