The two most likely outcomes in any class action lawsuit are either the case is dismissed or the parties reach a settlement. Even though a settlement may be worth millions, we can end up with a meager share in the end. We need to consider all the several factors involved in a class action to help our company make the right decision.
Here are the essential aspects of class action settlement we need to understand.
Anytime we want to take up a lawsuit, we must be ready to go the long haul as the lead plaintiff. Once we have identified misconduct on the other party, we have to perform our obligations for the case to proceed. One of our duties is to seek class certification of the case.
To obtain certification, we have to prove harm or injuries caused by the defendant. The lawsuit must be within the laws of the state. We also have to show that a class action is the best way of resolving the claims for both the plaintiffs and the defendant.
The class action must have the right number of class members joining the lawsuit. An ideal number in most cases is around 21 to 40. Even though the law does not restrict the number of members, all the members joining the lawsuit must have a standard set of legal interests and facts on their claims.
As mentioned earlier, as a class representative, we have a lot of responsibilities to ensure the success of our suit. These duties require time to fulfill. We have to ensure every class member’s interest is taken care of and actively participate in the lawsuit, requiring you to understand and note the progress fully.
We can spend less time on the case when we file it after litigation or settling with the defendant. Before we go for the settlement, we have to ensure it measures up to the damage or impact of taking up the class action. In case of inadequate compensation, we can proceed to file an individual lawsuit and invest our time to fulfill our responsibilities.
In the end, the time and effort employed on these cases are always rewarded. We also get paid for the courage to challenge the atrocities of the defendant. The courts determine the amount for the compensation but are not guaranteed. We need a lawyer to ensure the courts grant us this reward.
There are a lot of negative perceptions that come with entering a legal battle with other businesses. The truth is that by the time we consider taking a lawsuit, we have already weighed the damage and injuries the defendant has implicated through their actions. Go ahead and take the case. It is the best shot of getting the compensation the other class members, and we deserve.
Taking up a class action by a small business is tasking. Unlike big companies with in-house counsel, small companies cannot afford such luxury. To help our chances of winning a class suit, we need outside counsel to face off with the defendant’s counsel.
An outside lawyer has the experience of how to file suits, collect and provide evidence, and know how to go about winning a case. The only concern is how to pick the best counsel for our case. We need a firm with a record of winning similar cases. Allowing newly established litigation firms to fight out for us is a gamble that can cost us more than what we are trying to recover.
Now that we know the four main aspects of a class action settlement, we realize it is a worthwhile venture. Unfortunately, not many enterprises have the time or expertise to notice the need for a class action. That is why we need a competent financial and litigation firm to investigate, lodge a claim and prosecute the case until we win our class action settlement.
Competent firms are experts in identifying and analyzing the possible ways we might be losing out. Once they identify the potential class action, they will guide us on what is possible and how to go about the whole filing process.