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Certifying a Class Lawyers
What is a Class Action?
A class action lawsuit is a lawsuit where different people combine their similar complaints. This works to save court time and resources by allowing a single judge to hear the consolidated complaints. A typical example of a class action lawsuit is a tobacco suit filed by a large number of smokers. Before a class action lawsuit can go ahead, a judge must certify a class.
What are the Requirements for Certifying a Class?
There are several requirements a court will consider when deciding on whether to certify a class. The following are the factors considered by most courts in a class action lawsuit:
- Numerosity - there must be an adequate number of plaintiffs, usually over 30
- Commonality - there must be common damages and legal issues
- Typicality - each class member's claim must come from the same event, and must make the same legal argument
- Adequacy of Representation - the representative plaintiff must adequately protect and represent the interests of the class
- Viability of Defendant - the defendant should have sufficient finances to pay all the members of a class if the lawsuit is successful
Who Pays the Lawyers in a Class Action Lawsuit?
Lawyers who represent a class action usually work on a contingency basis, meaning they are paid a percentage of whatever damages are awarded.
Should I Contact a Lawyer if I Want to File or Join a Class Action Lawsuit?
Class action lawsuits are very complicated and require both an experienced and resourceful attorney. An experienced personal injury attorney can help you decide whether filing or joining a class action lawsuit is right for you. A personal injury lawyer can also represent you in court and file any necessary paperwork.
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