Class Action – know whether you qualify as a plaintiff
By: Avishek | Posted: 11th June 2010
Class action is considered as an effective solution when there is more than one plaintiff facing the same type of legal hassle. The entire group of affected entities may place their claims at a court of law in a single lawsuit instead of filing their complaints separately.
An example would make the point clear. Suppose a manufacturer has sold defective products to a number of people. All these individuals could come together and file a single lawsuit to claim compensation.
Before you can act as the representative of a group of people, you need to make sure that you meet certain criteria. Your class action attorney would be able to help you understand these factors and clarify whether you are eligible for filing such a lawsuit or not.
Rule 23 of the Federal Rules of Civil Procedure outlines the basics of this legality. All US States have also come up with similar rules for such filings. The criteria for filing such a lawsuit are as follows:
Number of entities affected - If it's about a few people, every individual requires to file separate lawsuits. But if numerous entities have the same complaint it is better to file a single lawsuit. Ask your class action attorney which option would be better for your case.
Mutual claims - All the plaintiffs need to have the same basis of the complaint. Only when the dispute involves the same legality can it be termed as class action. Say for example, thousand people have bought houses with defective plumbing. To handle this case it is better that all plaintiffs opt for a single suit.
Similar compliant - All plaintiffs must have the same complaint. Such a case would only be successful if all the house owners have the same complaint - that of defect in plumbing. It won't work if some complain about this problem and others about the faulty wiring.
Common defense - As the complaint and the claim are similar, so would the defense strategies be. In this example, the defense strategy for the claim would be to provide evidence of the defect in the plumbing.
Proper representation - One or more than one plaintiffs and a class action attorney represents the whole group affected by the problem. Therefore it is necessary for these individuals to have a good clean record to ensure fair representation.
Such lawsuits require a qualified and experienced class action attorney of Chicago for filing. He/she would be able to handle the details, see to it that the representative plaintiffs meet the criteria, file the case, strategize the defense, and help you through the court proceedings with ease.
In most cases, the defendant opts for an out of court settlement to avoid the negative consequences. A capable attorney could negotiate the settlement details and help the plaintiffs obtain a rightful compensation.This article is copyright
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Tags: entities, hassle, plaintiff, defective products, lawsuits, plaintiffs, effective solution, faulty wiring