Crucial Steps of a Class Action Lawsuit That Every Member Should Know

• Author: Natasha Herman
• Posted: 2024-02-09

Class action lawsuits effectively allow individuals to join forces and seek justice against corporate or other large entities. However, filing a winning lawsuit can be demanding. However, it is possible with the right preparation and guidance. Class action litigants have the potential to achieve justice by coming together as one entity while following prudent steps along the journey. The following steps provide an overview of the process for filing a successful class action lawsuit:
 

1. Selecting the Right Class Action Attorney

When pursuing a class action lawsuit, experience and qualifications matter. Pick an attorney with substantial knowledge in class action law and good standing with the state bar association. You can also ask for referrals from trusted individuals and research an attorney's background online. Most attorneys have websites that provide background information and reviews.
 

2. Gathering Evidence

After hiring the right attorney, gather evidence to prove your case. It can range from documents to witness testimonies and photographs. Ensure to provide your attorney with as much detail and evidence as possible, as it will be essential for winning the case.
 

3. Determining Class Certification

The United States Supreme Court requires that all class action lawsuits meet certain certification requirements to be accepted. It includes a commonality of issues among the class members and that all parties must have similar interests.
 

4. Drafting the Complaint

The draft of the complaint will include all necessary information about the case, such as the legal issue, the parties involved, and the relief requested. It is also important to list the damages sought in the complaint.
 

5. Filing the Complaint

The complaint is filed with the court and served to all parties involved. After this, the opposing party has a certain amount of time to respond. The process involves filing a response to the complaint, counterclaims, and affirmative defenses. Also, the court may order mediation or other settlement conferences to try and reach an agreement between the parties.
 

6. Discovery

During this process, both parties share information that could be relevant to the case, including depositions, requests for documents, and interrogatories. The process further allows both parties to explore each other's evidence and strengthen their case. Additionally, it helps the parties to gain a better understanding of the issue and identify any weaknesses.
 

7. Class Action Notice

Once all parties have been determined, the court will distribute a class action notice. The notification will inform individuals about their rights and choices for participation in this specific legal case. In other words, it allows class members to opt-in or out of the case. Members should know they may be liable for all costs if they opt out of the case. Also, they won't be eligible to benefit from the lawsuit.
 

8. Class Action Certification

Before moving forward, the court must certify that a class action suit meets every requirement. It's an essential step to guarantee compliance with legal mandates. Furthermore, the court may modify the certification if it deems it necessary upon reviewing it.
 

9. Trial

The process may involve evidence and witness testimony from each side. Also, the attorneys may make oral arguments, and the court will issue a ruling. However, most parties settle class actions outside the court because of the complexity, cost, and companies avoiding bad publicity.
 

10. Settlement

The parties involved may strike a settlement agreement without involving the court. They will present the agreement to the judge for ratification. The presiding magistrate rewards class members accordingly while dismissing all claims against each party. However, in case of rejection or disapproval of such terms by said official body, fully litigating this matter is still possible through trial proceedings.
 

11. Appeal

If either party is unsatisfied with the court's decision, they may appeal to a higher court for review. It may involve refiling the original complaint and other related paperwork. Furthermore, the parties must bring new evidence or argument to support their appeal. Depending on the court's docket and other variables, the process may take months.
 

12. Relief Requested

The relief requested depends on the specifics of each case. Generally, the relief requested may include compensation for damages, an injunction to stop a particular action, or a court order to carry out specific tasks. The court may also award attorney fees and costs to the prevailing party, which can further increase the burden on the losing side.
 

13. Judgment

After examining the evidence, arguments, and requests for relief, the court will decide and issue a judgment. The legal document will determine the winner and outline any remedies that may be due to each class member based on provided evidence and defense.

Filing and litigating a class action lawsuit can be complex and time-consuming, but it can also be a powerful tool for securing justice and compensation. Understanding the process is critical to remain prepared at every step of the lengthy legal procedure. However, the delay shouldn't put away individuals who feel oppressed and desire to take legal action against an offender despite their financial strength.