There are many benefits to class action lawsuits. Of particular value is the efficiency that comes with bringing together thousands of individual claims at one time that are impractical to litigate individually. Uncovering the details of corporate fraud, for example, often requires a careful analysis of tens of thousands of documents, sometimes with the assistance of a forensic accountant. This can be a complicated process for the attorneys representing the class. In addition to extensive legal research and preparation, the trial itself can be complicated, sometimes involving dozens of expert and lay witnesses. To learn more about the benefits of joining a class action, contact our firm to schedule a consultation with an attorney who is skilled and experienced in class action lawsuits.

Class Action Benefits

In a class action, the outcome applies to the entire class. If the defendant wins, the lawsuit is dismissed and the class individuals are not allowed to file individual lawsuits over the same issue against the same defendant. But if the plaintiff class wins, the amount awarded is divided among the plaintiffs. Either way, the individual plaintiff can benefit from participating in such a case, rather than trying to fight a corporate defendant alone. The class action format lowers the costs of litigation.

Class actions are typically filed by attorneys who have training and experience in managing complicated lawsuits. Asbestos exposure cases involve not only the scientific proof mentioned earlier, but also detailed research into the law governing corporate structure, workplace issues, employment benefits, labor unions, consumer issues, and product liability. Class action attorneys have what it takes to represent plaintiffs in the class action.

Such law firms also have financial resources to fund such a huge lawsuit. Most class actions last several years; some can go on as long as ten years or more. The only costs to you are taken out of the final recovery; you do not need to put up money initially or pay out-of-pocket at the end. Class action lawyers work on a contingent fee basis. This means that they only get paid if the case settles or if the class wins. The attorneys take responsibility for advancing the expenses and costs incurred in prosecuting the class action. Class action attorneys are set up to obtain the maximum recovery for you and your family.

Additionally, once a class has formed and been certified, the plaintiffs' negotiating position is stronger. Typically the defendant-the person or company that allegedly caused the injury-in an asbestos exposure case, for instance, is a large, powerful corporation. The defendant can be an asbestos manufacturer, distributor, mining company, or broker. It can be a contractor that allowed its workers to use asbestos-filled products, or the owner of a construction site where asbestos was used. Often, there is more than one defendant who might be responsible for the injury-some lawsuits involve dozens of defendants. Instead of one or two individuals suing an economically strong entity for justice, in a class action a large group of people with the same complaint goes up against the corporation. Often, the class action lawsuit is the only way individuals, even those who have been seriously injured, can seek justice from powerful corporations or institutions. The class action format levels the playing field. There is power in numbers.

Participants in a class of similarly injured persons demonstrate to the court by their very numbers that the harm done was substantial and impacted a large number of people. This increases the likelihood of recovery and that the recovery will be substantial. When the corporate defendant has caused so many people to suffer damages, the class action provides both an effective remedy for the class and incentive for the wrongdoer to change its behavior or modify its product.

Finally, one judge handles the entire class action proceeding. This means that the same judge will rule on the pre-trial issues such as class certification, the substantive issues that come up during trial, and the post-trial logistics involved in dividing up the proceeds in the class fund. The plaintiffs can count on consistent remedies. There is no risk of inconsistent outcomes in virtually identical cases, as can happen if individual victims pursue their cases individually.

Conclusion

The class action format is not appropriate for every kind of lawsuit. But when a number of people have suffered the same injury by the same defendant's product or behavior, the class action is the best method for seeking redress. Of particular value to the individual plaintiffs is the power that comes in numbers. Class plaintiffs are much more likely to recover when they work together to prove their case, and experienced class action counsel can help them do just that.

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