https://www.medlegal360.com/when-should-you-file-a-class-action-lawsuit/
A class-action lawsuit is frequently filed by one or more plaintiffs on behalf of a group of people who have been injured or harmed by the same individual, manufacturer, or industry. A class-action suit is advocated when multiple lawsuits are filed against the same defendant for the same allegations. Class action lawsuits may be filed for injuries caused by defective products, toxic chemicals, pharmaceutical drugs, hand sanitizer, medical devices, and defective auto parts, labor laws, or deceptive practices by corporate negligence or misconduct. Even if you have been affected by false advertising of a consumer product, price inflation, investment fraud, or market manipulation, you can file a class action lawsuit alongside other affected plaintiffs.
How does it work and how does it differ from mass tort
A judge should certify the class before filing a class-action lawsuit. One or more class members, or an entity representing the class, must show the judge that all class members have valid claims against the perpetrator. The plaintiffs will be notified after the evaluation that the class has been certified to proceed with the legal proceedings. If many people are injured by a vaccine, they can file a class-action lawsuit. The main distinction between a class action and a mass tort is how the plaintiffs are viewed by the court. Both involve a group of plaintiffs filing a lawsuit against one or more defendants or a corporation for the same type of physical or financial harm. Both involve a number of smaller claims that are combined and filed as a single lawsuit.
Role of the lead plaintiff
The class representative or lead plaintiff acts as a go-between for the class and the litigator/court. He or she has the option of retaining the services of a lawyer. Throughout the process, he or she represents the class and communicates and consults with the lawyer about the legal proceedings. The lead compensation percentage is determined using no special criteria. The judge determines the percentage based on the severity of the injuries and the final settlement amount.
Pros and cons of class-action lawsuit
Pros: All affected people are united in their opposition to the corporate titans. Attorney fees are split among the class members. Courts will be relieved of their case backlog. The case can be handled by one jury and one court. Everyone does not need to be concerned about the complexities of the legal system. Even if it takes eons, your indemnity will be guaranteed.
Cons: It will take a long time to settle. Individual claimants will have no say in the legal proceedings or in the settlement decision-making process. Hiring an inexperienced attorney by the lead will have an impact on all members of the class, and may result in less/no compensation. If a class action fails, the same contender cannot be sued again in the same case.
Class Action Fairness Act:
On February 18, 2005, Congress passed the Class Action Fairness Act, amending Title 28 of the United States Code. The Class Action Fairness Act, signed by President Bush, was enacted primarily to broaden federal diversity jurisdiction over the majority of class and mass actions. CAFA granted the federal court diversity jurisdiction over certain class-action lawsuits when the aggregated compensation exceeded $5 million, the class consisted of at least 100 claimants, and at least one of the class members was from a different state or country. CAFA applies to all class-action lawsuits filed on or after its ratification.
