Class Action: Find Out If You Qualify as a Plaintiff
Class action is considered an effective solution when there is more than one plaintiff facing the same type of legal problems. The entire group of affected entities may file their claims in a court of law in a single lawsuit instead of filing their complaints separately.
An example would clarify the point. Suppose a manufacturer has sold defective products to several people. All these people could come together and file a single lawsuit to claim compensation.
Before you can act as a representative of a group of people, you must ensure that you meet certain criteria. Your class action attorney will be able to help you understand these factors and clarify whether or not he is eligible to file such a lawsuit.
Rule 23 of the Federal Rules of Civil Procedure describes the foundations of this legality. All US states have also introduced similar rules for such filings. The criteria for filing such a claim are as follows:
Number of Affected Entities: If it’s just a few people, each individual must file separate lawsuits. But if many entities have the same complaint, it is better to file a single lawsuit. Ask your class action attorney which option would be best for your case.
Mutual Claims: All claimants must have the same basis of claim. Only when the dispute involves the same legality can it qualify as a class action. Let’s say, for example, that thousands of people have bought houses with faulty plumbing. To handle this case it is best for all plaintiffs to opt for a single lawsuit.
Similar Compliance: All complainants must have the same complaint. Such a case would only be successful if all homeowners had the same complaint: that of a plumbing defect. It will not work if some complain about this problem and others about faulty wiring.
Common defense – Since the complaint and the claim are similar, so will the defense strategies. In this example, the defense strategy for the claim would be to provide evidence of the plumbing defect.
Adequate Representation: One or more of the plaintiffs and a class action attorney represent the entire class affected by the issue. Therefore, it is necessary for these individuals to have a good clean record to ensure fair representation.
Such laws require a qualified and experienced Chicago class action attorney to file. He/she would be able to handle the details, make sure the representative plaintiffs meet the criteria, present the case, devise the defense strategy, and help you through the court proceedings with ease.
In most cases, the defendant opts for an out-of-court settlement to avoid negative consequences. A capable attorney could negotiate the details of the settlement and help the plaintiffs obtain the compensation they are entitled to.