What can I win in a class action lawsuit?
The amount of compensation you may be entitled to after a successful class action lawsuit will depend on the final settlement ordered by the court and your role in the case. When you win the lawsuit, the lead plaintiff will receive a larger percentage of the settlement.
So if you are the lead plaintiff, you will receive more than other members of the class. If you are not the lead plaintiff, the remaining amount (after deducting attorney fees, expenses, and settlement for the lead plaintiff) will be shared equally between the class members.
Do I Need to File a Class Action Lawsuit?
Class action lawsuits can significantly increase your chances of obtaining a settlement. However, the greatest downside of these kinds of lawsuits is that the settlement amount may not truly reflect the scope of damages you suffered due to the defendant’s negligence. For this reason, class action lawsuits are not usually the only way to settle these kinds of lawsuits.
Speaking with an experienced class action attorney is the best way to determine the best legal remedy for your injuries. Specifically, there are times when filing a class action lawsuit is not the best option.
When Is an Individual Claim Better Than a Class Action Lawsuit?
As mentioned earlier, when you file a class action lawsuit, you may not recover a reasonable settlement for your injuries. This is because the settlement amount is usually shared between other members of the class. So if you believe that your injuries were more severe than other members of the class, it may be reasonable to opt for an individual claim over a class action lawsuit.
This is because when you file an individual claim, you may be able to recover compensation for economic and non-economic damages. Precisely, you may be able to recover your medical bills, lost wages, ambulance costs, cost of medical equipment, cost of transportation to and from your medical appointments, and other related damages. You may also be able to recover damages such as pain and suffering, permanent disfigurement, loss of enjoyment of life, mental distress, and others.
And if the court determines that the other party was extremely negligent, the jury or judge might award you punitive damages. Generally, although individual claims or lawsuits may be much more complex to pursue, they can attract higher compensation than class action lawsuits.
What Is the Average Class Action Lawsuit Settlement?
The settlement for class action lawsuits varies depending on the nature of the case. A recent study found that the median settlement for class action lawsuits in 2021 was around $8.3 million. However, it is worth noting that this is the general settlement; the amount you will receive in your pocket will depend on several factors, such as the attorney fees and expenses, the lead plaintiff’s share, and the number of members in the class.
How Many Members Are Required to Start a Class Action Lawsuit?
No official number of members is required to initiate a class action lawsuit. That said, it is unlikely that the court will allow a class action lawsuit to proceed if it has a few members. Generally, 20 is a good number to file such a lawsuit, but that is just an estimate, not an official figure.
How Much Is My Class Action Lawsuit Worth?
It is impossible to tell how much your class action lawsuit is worth without digging into the details. To determine the value of such a case, you will need to consider the kind of damages suffered, the defendant’s conduct, and what the law says about your case, among other factors. This is why it is always advisable to hire an attorney before proceeding with such a case.
I Believe I Have a Class Action Case—How Can an Attorney Help?
One of the benefits of working with an experienced attorney is that they will always help you understand your options. Even if you believe you have a class action lawsuit against the other party, an individual lawsuit might be the best way to approach such a case. In addition, more than one party might be responsible for your injuries. These are just some of the things your attorney will look at when deciding the best course of action to take.
I Just Won a Class Action Lawsuit—When Should I Expect the Settlement?
There is no specific timeline for getting paid after winning a class action lawsuit. Generally, it could take a few months or sometimes even years, depending on the nature of the case. For example, if the other party decides to dispute the verdict, the case will have to go through the appeals process. This will prolong the waiting time. Your attorney should be able to give you a rough idea of when to expect the settlement if you win the case.
I Am Not Sure Whether to File a Class Action Lawsuit or an Individual Claim—What Should I Do?
If you find yourself in such a situation, speaking with an experienced personal injury attorney is the best thing to do. At Morgan and Morgan, our attorneys can help you understand your options. The best part is that we have an army of over 800 attorneys ready to fight for you.
If you have a valid claim and we determine that a class action lawsuit is the best way to proceed, our class action attorneys might be able to fight for you. Similarly, if an individual claim is the best alternative, we will assign the right attorney to your case.
You do not have to guess which option works best for your case—fill out our free case evaluation form to have your case reviewed by one of our legal representatives.