A class action lawsuit is brought by one or more people similarly situated to a much larger group of people. The actions are filed against a corporation or company accused of wrongdoing. Not every suit, even some involving multiple injured parties, is suitable for class action status. However, if a class action lawsuit is certified, there can be many advantages.
Efficiency of Litigation
It can be very time consuming and burdensome investigating large claims against one or more defendants. In addition, it is often necessary to do a lot of legal research surrounding the issues involved in the action. For instance, the DePuy lawsuit requires plaintiffs attorneys to know the inter-workings of hip replacement devices, how the devices are manufactured, what types of damages can be recovered and possibly hundreds of other issues.
One judge handles the class action lawsuit, making rulings about similar issues more consistent. In addition, lawsuits take up a lot of court time. Trying several thousand lawsuits is very time consuming; whereas, trying a few suits on behalf of many makes very efficient use of the courts time. Even if efficient in many ways, however, class action lawsuit will often take years to complete.
Experienced Counsel
Attorneys who try class action lawsuits generally have experience and possibly special training in class action lawsuits. In order for the lawsuit to proceed effectively, it is important that the counsel representing the plaintiff class is very experienced. Class actions have their own set of rules and regulations making experience in that field valuable.
Class action lawsuits are generally very expensive for both sides. Attorneys experienced in trying class actions usually have the resources to cover the expenses incurred in the lawsuit.
Lower Cost for Plaintiffs
Class actions require nothing of its members as far as money is concerned. In fact, the only thing class members must do is provide documentation of their claims, as well as other records needed. Many attorneys will request that questionnaires be completed to aid in the litigation and the attorneys knowledge of all the claims. If you had a hip replacement and wanted to join the DePuy lawsuit, you would not have to pay anything to do so.
Stronger Plaintiff Position
Once a class action lawsuit is filed and certified by the court, the plaintiffs have a much stronger position for negotiating a settlement. When you have 10,000 people making the same claims, its much harder for the defendant to discount them. Defendants faced with several plaintiffs in a class action lawsuit may be more inclined to settle and avoid a lengthy trial. In the DePuy recall, over 90,000 hip replacements were recalled and its estimated over 11,000 have suffered damage. Those numbers have a much stronger voice than one or two. Such a large number also makes it easier to get the class certified.
Not all lawsuits are appropriate for class action status. But cases like the DePuy recall are good examples of issues that do fit a class action lawsuit. You should consult your attorney any time you have questions about a class action lawsuit.