How To File A Class Action Lawsuit

Author: Nicki Malekadeli
Posted on: August 17, 2018

Numerous high-profile class action lawsuits have dominated the news in recent years, many of them involving America’s biggest banks, pharmaceuticals, and media companies. But what exactly are class action lawsuits, and how can such cases be brought before a court?

A class action suit occurs when a group of people with identical or similar injuries caused by the same product or action sue the defendant as a group. In order to bring about a successful class action, there should be enough plaintiffs who can validly combine their claims into a class. The number of plaintiffs that are needed depends on several issues, including whether the claims are being brought in a state or federal court.

Under the California Code of Civil Procedure Rule 382, there are a sufficient number of plaintiffs when “it is impracticable to bring them all before the court.”

What Are the Elements of a Class Action Lawsuit?

By combining similar cases, the court may examine them all as one case, which saves time, expenses, and additional resources. However, before the court can approve a hearing, plaintiffs are required to fulfill the following criteria:

  1. The defendant or negligent party must be the same.
  2. Plaintiffs must be victims of the same accident.
  3. The root cause of the action or injury must be the same for all the plaintiffs.

What Are the Different Types of Class Action Lawsuits?

Class action suits generally fall under the following broad categories:

  • Consumer fraud (ex: defective products, false advertising)
  • Employment class action claims (ex: unpaid wages)
  • Securities fraud
  • Environmental disaster (ex: oil and chemical spills)
  • Antitrust class action suits
  • Privacy and consumer rights (ex: FCRA violations)
  • Americans with Disabilities Act violations

Personal Injury Cases That Can Be Tried as Class Suits

As already mentioned, the courts will only grant trial for a class action suit on the condition that numerous other plaintiffs were affected. Personal injury cases that fall under this definition include:

  1. Truck accidents
  2. Bus accidents
  3. Train accidents
  4. Explosions and fires
  5. Airplane crashes
  6. Product liability

What Are the Other Advantages to Filing Class Action Suits?

Class action suits don’t just benefit the court system, as they also benefit plaintiffs in the following ways:

  1. Litigation expenses are lowered as class action suits aggregate smaller claims.
  2. Plaintiffs are typically represented by highly trained and experienced attorneys, taking a huge burden off their shoulders.
  3. Class action suits strive to ensure that all plaintiffs receive some form of compensation.

Get Legal Assistance From Top Los Angeles Class Action Lawyers

If you and other plaintiffs were victimized or injured by the negligence of another party, then contact a highly reputable class action lawyer to obtain just recompense for all of your suffering and losses. Mesriani Law Group’s highly experienced team of personal injury attorneys will help you win the compensation you and the other victims deserve for all of the losses and damages sustained.