Class Action Lawsuits
If a person joins a class action lawsuit, the next step is to sign papers declaring that he or she then forfeits the right to sue the company as an individual. A successful class action lawsuit awards damages to the plaintiffs, who are those suing the company, according to greatest damage. In most cases, not all members of the suit are entitled to equal compensation. One example of a class action is a lawsuit against a drug company for making illegal claims about their product, or for causing deaths or physical damage to those taking the drug. If you believe that you have a class action case call our Florida Class Action Attorneys at 855-529-2020 to schedule a free consultation.
Class action lawsuits may become jury trials, or may be settled prior to a trial. A suit may be tried in direct mediation. Settlements and mediation mean that damages are agreed to by the defendant(s). Jury trial class action lawsuits can create problems because a company leveled with heavy punitive and compensatory damages can appeal the decision.
Awards from a class action lawsuit are split into two portions: punitive and compensatory damages. -Compensatory damages, also called actual damages, are paid to compensate the claimant for loss, injury, or harm suffered by (see requirement of causation) another’s breach of duty.
-Punitive damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that, which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will in fact receive all or some portion of the punitive damage award.
Class Action Lawsuits for Individuals (The 411 on Class Action Lawsuits):
The number of parties is significant if you wish to challenge a class on the basis of fairness or if you want to file or intervene in order to have a hand in the settlement.
If you receive an “opt-out” deadline for a class settlement, you may “opt-out” and join the others who have chosen to “opt-out” and then bring an independent action against the company on your own. Unless your personal damages are very large, over $100,000, you will need other parties to be involved, i.e., an attorney on a contingency basis. However, it is possible to bring a competing or an independent court action against a company. You should discuss the different options with an experienced Lawyer.
If you are an individual who is contemplating a class action lawsuit or have just received notice that you are a member of a class, please contact Attorney Heath Nailos directly for the names of the parties which may be in your circumstances, obtain documents or just for more information on what to do next. Call 855-LAW-2020