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How does a class action work?
A class action is a type of lawsuit brought by one plaintiff or a small group of plaintiffs on behalf of a large group of consumers.
The plaintiffs seek compensation from a defendant on behalf of themselves as well as a group of similarly affected consumers.
See Top Class Actions’ comprehensive breakdown: What Is A Class Action Lawsuit?
How does a class action start?
An individual consumer or group of plaintiffs must file a class action complaint.
Once the complaint is filed, the defendant must file a response. Basically, this means a defendant is forced to address its alleged misconduct.
Class certification
One of the most important steps in a class action involves class certification.
This involves a judge’s determination that the potential class members share injuries that are similar enough to justify consolidation into a class action lawsuit.
Which courts hear class action lawsuits?
State and federal courts are able to hear class action lawsuits.
The procedures for handling consumer class action lawsuits are similar in state and federal court.
Due to certain requirements or logistics, certain class action lawsuits are transferred from state court to federal court.
What are my rights as a class member?
If you fit the definition of a class member in a class action, you have several rights.
First, you have the right to either opt in or opt out of a class action lawsuit or settlement.
If you’re not planning on taking individual legal action or otherwise opting out of a class action, your rights will be bound by the terms of the class action lawsuit or settlement.
What happens next?
After a class is certified, the court will continue moving along within the appropriate court proceedings.
The plaintiffs and defendants may try to get the class action lawsuits thrown out through dismissal or a motion for summary judgment.
If a class action lawsuit is dismissed, the judge will determine whether or not the case could be revived after dismissal.
The class action is dismissed
In some cases, a judge finds a class action does not meet the standards needed to proceed and that it must be dismissed.
Most plaintiffs faced with a motion to dismiss a class action lawsuit will amend the complaint to address the defendants’ concerns and file a new, amended complaint.
The class action goes to trial
If a class action goes to trial, both parties will have the case heard before a judge and jury.
The judge will allow both sides to put forth their arguments before the jury, and a jury will decide in favor of the plaintiffs or the defendants.
A settlement is reached before trial
In some cases, the defendants will decide to settle the class action before it goes to trial. This is often done to avoid the expense and uncertainty of going to trial.
The settlement agreement is submitted to the judge, who will review it for fairness. The judge will either approve the proposed settlement or reject it.
If it is rejected, the defendants and plaintiffs are often allowed to amend their settlement agreement so that it addresses the judge’s concerns.
See TCA’s comprehensive breakdown: What Is A Class Action Settlement?
Damages
If the case goes to trial and a jury rules in favor of the plaintiffs, damages will be awarded.
The amount of damages will depend on the facts of the case and a number of other factors.
A judge must approve the proposed damage or settlement award, including the type of benefits class members will be entitled to claim.
File a class action lawsuit
Are you ready to file a class action? Submit your information using our Start a Class Action feature to find out more about your legal options.
Related FAQ Articles:
Will I Need to Testify in Court if I Participate in a Class Action Lawsuit?
Why File a Class Action Lawsuit?
How Do I Start a Class Action Lawsuit?
7 thoughts onHow Does a Class Action Lawsuit Work?
How can one become part of an ongoing class action lawsuit?
If you read an article about a class action lawsuit, and there is not a link to a claim form included, this means that the case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Here’s the Open Settlements listed on our site: https://topclassactions.com/lawsuit-settlements/open-lawsuit-settlements/. Be sure and check it out to see if there are any other class action settlements you may want to submit a claim for!
You can also contact class counsel for any case or settlement you read about with any questions or concerns. We list counsel at the bottom of every article, and they can be Googled for contact information.
HOW LONG CAN A CLASS ACTION LAW SUIT , GO ON LOOK AT DOW CORNING ITS BEEN GOING ABOUT 20 YEARS NOW THANK U TED
I would like the answer to this also. It’s been over 20 years for the Dow Corning Breast implant, some women are still waiting on payment.
Yes, unfortunately, some class action lawsuits can take several years to work their way through the courts. It’s very common especially for medical device or pharmaceutical related lawsuits.
But 20 years!! I think that’s a bit much. People die waiting on settlement, and yes their family can receive it but it does not help now. I have seen with Dow Corning they have paid out to foreign country claimants but Americans are still waiting??? There should be something that can be done.
We recommend contacting the attorney representing you for an update on your case. We wish you the best of luck in your pursuit of justice!