Class Action: Everything You Need to Know about the Requirements

• Author: Kelly Cooke
• Posted: 2025-01-05

When people suffer damages resulting from the same unlawful action, they can file a class action lawsuit that allows many plaintiffs to pool their resources and present their case together. For a class action to proceed, however, there must be a sufficient number of plaintiffs with similar claims. Due to the complex nature of class action lawsuits, it is essential to consult with an experienced attorney before taking any legal action.

An attorney can bring together the class members and help them file a strong case against the defendant. In most cases, defendants are strong companies or organizations with deep pockets. Without an attorney, it would be nearly impossible for the plaintiffs to win a class action lawsuit. The following brief explains everything you need to know about the process:

Ascertain the Aim of the Case

Before filing any class action, consider the relief sought and whether or not it is realistically achievable. It also means considering what kind of precedent the case could set and whether or not that is desirable. It is also vital to consider the resources required to see the case through to completion. Only by carefully considering all of these factors can one make an informed decision about whether or not to file a class action.

Outline the Number of People Covered

Class actions involve large corporations or other entities where it would be impossible for each individual to file a lawsuit. A certain number of people must suffer from the defendant's actions to file a class action. The exact number varies from state to state, but it is usually in the hundreds or thousands, and the court will determine whether to certify the class. If the class is certified, one or more lead attorneys will represent all plaintiffs.

The lead attorneys will negotiate with the defendant, and plaintiffs will receive a portion of the settlement based on the severity of their injuries. If there is no settlement, the case will go to trial, and the jury will decide whether the plaintiffs are entitled to damages. Class action lawsuits can be very complex, so it is crucial to speak with an experienced attorney before filing one.

Explain Whether Class Members Share the Same Problem

For a class action to proceed, the court must first determine that the class members have common interests and that those interests "predominate" over any individual interests. The predominance requirement ensures that it makes sense to bring all of the claims together in one lawsuit, rather than having each person bring a separate suit.

The commonality requirement, on the other hand, ensures that class members share the same problem. The condition helps to ensure that the class is genuinely "homogeneous" or uniform. Without the commonality requirement, it would be possible to file a quite heterogeneous class, with each class member having different injuries, damages, and even legal theories. As a result, the commonality requirement helps to protect both plaintiffs and defendants by ensuring that only similar cases come together in a class action.

Types of Evidence

The proposed class members must first show that they are entitled to the proposed damages. It can happen through various methods, including direct evidence, circumstantial evidence, or by using statistical methods. Direct evidence is the most persuasive evidence, proving the proposed class members' damages.

Circumstantial evidence is less persuasive than direct evidence, but it can show that the proposed class members are likely to suffer from the damages. For example, if the proposed class members seek damages for emotional distress, then their testimonies about the defendant's actions and what they made them feel would be circumstantial evidence of damages.

Statistical methods estimate the damages the proposed class members are likely to incur. It is an essential part of proving class-wide damages because, in most cases, it would be impossible to interview or gather records from every proposed class member individually. Once the proposed class members have shown that they are entitled to the damages sought, they can file a class action.

Class action lawsuits can be an effective way for a group of people to seek damages from a defendant. However, they should be cautious because these cases are very complicated. An attorney and the above guideline are excellent critical information sources when considering a class action lawsuit. Therefore, one should not hesitate to ask for help when needed.