A class action lawsuit is a way for individuals that were commonly harmed by a business or other entity, to jointly resolve their case in a single legal action. It is a way for numerous individuals to bring action against a common defendant responsible for the harm caused by a defective product, toxic exposure, fraud, negligence, or other actions that caused harm to those individuals. This differs from the traditional personal injury lawsuit, brought by individuals where one party sues another.
Terrell Hogan believes that most personal injury lawsuits, brought about by individual clients yield the best results and although class action suits have their unique place, more often than not, we don’t recommend them to our clients. With that said:
Class action lawsuit can have their advantages and disadvantages. Here are some pros and cons to consider:
The Pros of joining a class action lawsuit:
Efficiency: Class action lawsuits consolidate multiple individual claims into a single lawsuit, making the legal process more streamlined and efficient. This approach can save time and resources compared to pursuing an individual lawsuit.
Strength in numbers: By joining a class action, you become part of a larger group of plaintiffs with similar claims against the defendant. This collective strength can increase the chances of success, as it may be more difficult for the defendant to defend against multiple claims simultaneously.
Access to legal representation: In class actions, plaintiffs typically have access to experienced attorneys who specialize in handling such cases. This means you can benefit from their expertise and guidance throughout the legal process, even if you couldn’t afford or find a lawyer on your own.
Potential for higher compensation: If successful, a class action lawsuit may result in a larger financial recovery compared to an individual lawsuit. The damages awarded are distributed among the entire class, potentially providing a more substantial remedy for each member.
The Cons of joining a class action lawsuit:
Having limited control and input: As a class member, you have less control over the litigation process and settlement negotiations. Decisions regarding legal strategy, settlement terms, and accepting a settlement offer are typically made by the class representative and attorneys representing the class as a whole.
Lower individual recovery: While a class action lawsuit can yield higher overall compensation, the individual recovery for each member may be relatively low due to the distribution of damages among all class members. If your damages are significant, you might recover more by pursuing an individual lawsuit.
A lengthy legal process: Class actions can be complex and time-consuming, often taking years to reach a resolution. Delays may occur due to procedural issues, appeals, or negotiations. If you’re seeking a quicker resolution to your case, pursuing an individual lawsuit might be more suitable.
Binding settlement terms: If a settlement is reached or a judgment is rendered, class members are generally bound by its terms. This means you might not have the option to pursue additional legal action related to the same claims once the lawsuit is resolved.
The potential for unequal treatment: Class members may have differing degrees of harm or damages. If the settlement or judgment does not adequately account for these differences, some individuals might feel that their specific circumstances were not adequately addressed or compensated.
It’s important to note that the pros and cons of joining a class action lawsuit can vary depending on the specific case and individual circumstances. Consulting with an attorney who specializes in class action litigation can provide you with personalized advice and help you make an informed decision.
The overwhelming majority of personal injury cases sought that have an attorney represent their individual interests, yields the best results to receive fair and just compensation for their injuries.
Why Consider Terrell Hogan as Your Personal Injury Law Firm?
At Terrell Hogan, we have 50 years of legal experience defending a plaintiff’s right to fair and just compensation for injuries sustained through the negligent actions of others. Though the overwhelming majority of personal injury lawsuits brought are individual actions that don’t qualify for joining others in a class action suit, there are circumstances where joining a class action can benefit a client. In many cases, individuals that are not interested in bringing suit will join a class action simply because they have nothing to lose.
If you have been injured due to someone else’s negligence and believe others have experienced the same, before you make any decisions or offer to join a class action suit, contact our office and speak directly to a highly skilled and experienced attorney who can legally guide you in the right direction.
Remember. A Great Settlement is No Accident.