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Injured and not sure what to do next? We'll guide you through everything you need to know.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
Does Everyone Get the Same Settlement Amount in a Class Action Lawsuit?
When the court rules in favor of the plaintiff in a class-action lawsuit, it sets a particular settlement amount the defendant should compensate the plaintiff. Typically, the lead plaintiff receives their share of the settlement first.
Then, the attorneys representing the class receive their percentage of the settlement. Courts restrict the amount attorneys can receive as settlement for their legal services to ensure fairness. Once the lead plaintiff and the attorneys have been paid, the remaining amount is divided among other class members.
Who Is the Lead Plaintiff in a Class Action Lawsuit?
In most cases, the lead plaintiff is usually the individual who seeks legal action against the defendant. This individual represents other plaintiffs who've been injured by the defendant's actions. The lead plaintiff is responsible for choosing the legal team that will represent them in the case against the other party.
Why Does the Lead Plaintiff Get a Higher Settlement Than Other Class Members?
Lead plaintiffs always play a tougher role in a class action case. They are more involved in the court proceedings, paperwork, and other vital aspects of the case. But on the other hand, class members don't have much to do in such cases. All they have to do is sit back and follow the case as it unfolds. This is why lead plaintiffs usually earn a larger percentage of the settlement amount.
It's also important to note that there can be more than one lead plaintiffs in a class action settlement. The attorney might evaluate several potential candidates for this role to determine whether they have what it takes to represent other members of the class in their pursuit of compensation.
How Does the Court Determine Class Action Settlements?
Courts will evaluate multiple factors when deciding the most appropriate settlement amount for class action lawsuits. It's all about the numbers. Some examples of these factors include the number of:
- plaintiffs involved in the class-action lawsuit;
- class members involved in the lawsuits; and
- injured plaintiffs.
Plaintiffs who don't have proof of their injuries receive much lower settlements in most cases. For example, you may receive little compensation if a dangerous product injured you, but you don't have any receipt to prove that you purchased the product.
What Are the Different Types of Class Action Lawsuits?
Class action lawsuits come in different forms depending on the nature of the injuries and circumstances under which they occur. Here are some of the most common types of class actions you should know:
Employment Class Actions
These class-action lawsuits are usually filed against an employer who violates certain employment laws. Some examples of such violations include:
- Worker's discrimination
- Overtime violation
- Benefits violation
- Retaliation
- And more
Antitrust Class Actions
Companies owe consumers a certain degree of trust in their products or services. For this reason, it is illegal for such companies to conduct themselves in a way that breaches the trust bestowed on them. For example, some companies may intentionally overprice certain products or services to make more profits or take advantage of increasing market demand. Other companies enter into agreements to reduce or get rid of competition. Such acts might create solid grounds for a class-action lawsuit.
Environmental Class Actions
These lawsuits involve plaintiffs who were injured due to exposure to an environmental hazard. To put things into perspective, Morgan & Morgan secured a $1.8 billion compensation for victims of the Porter Ranch gas leak in 2021.
Other common types of class action lawsuits worth mentioning include:
- Civil rights class actions
- Data breach class action
- Defective products class actions
- Dangerous drugs class actions
- Finance class actions
How Morgan & Morgan Class Action Attorneys Can Help
If you or your loved one has been harmed by the negligent actions of a large corporation, it may be difficult to sue them individually. The same applies if they've violated your rights. Filing a class action lawsuit could be the most realistic path to compensation. Call our Ohio office at (614) 927-6770 or send us a message online for a free case evaluation today.