Every day it seems that more and more Americans are fighting environmental disasters caused by large corporations who have little to no regard for those who live in the surrounding areas. From large oil spills to chemical dumping in the local community's water supply, the people and local wildlife are constantly suffering from these negligent corporations and their harmful actions. But it doesn't have to end there for you. To learn more about environmental class-action lawsuits, and if you may be able to join one, contact one of our environmental class-action attorneys to see how they may be able to help you enter a lawsuit today.
What Is an Environmental Class-Action Lawsuit?
An environmental class-action lawsuit allows a larger group of individuals who have all separately experienced a similar injury or illness due to toxins or pollutants in their environment to sue those parties responsible, i.e., the defendant, jointly for justice. An environmental class-action would be when a community has been affected by an oil spill, or a local water source has been contaminated due to improper waste disposal from a company. Suppose multiple residents in this community have experienced harmful or even life-threatening side effects and want to seek justice. In that case, they may form a coalition of plaintiffs to file a singular lawsuit against the party responsible for contaminating their water supply.
What Are the Necessary Class Action Certifications?
We understand how difficult it can be to ensure your case is accepted into an environmental class action. For your convenience, we’ve gone ahead and broken down some of the key information you need to know whether or not you may be eligible to submit your case. In order to move forward with an environmental tort class action, your case needs to have a few key prerequisite certifications. First, the plaintiff must have the four requirements in Rule 23(a):
- Numerosity: the class is so numerous that the joiner of all members is impracticable.
- Commonality: the questions of the law or facts common to the class.
- Typicality: defenses or claims of the representative parties that are typical of the claims or defenses of the class.
- Adequacy: when the representative parties will fairly and adequately protect the interests of the class.
Second, pending the requirements of Rule 23(a): are satisfied, the plaintiff must meet the requirements for Rule 23(b). Under Rule 23(b)(3), a plaintiff must be able to prove that the common issues of the law or fact predominate over any individual questions and that a class is superior to any other available methods for fair and efficient assessment. Along with satisfying the Rule 23 requirements, courts that consider any environmental tort class actions may also address the ascertainability to determine how and whether the class is defined.
If your case has been denied, contact our law firm today in order to have one of our environmental tort class action attorneys review your case.
How Much Are the Attorney Fees?
At Morgan & Morgan, our attorneys work on a contingency basis, meaning it costs you nothing to hire us, and there are no upfront costs or hidden fees. We only get paid if you win, and our payment never comes out of your pocket and is only a small fraction of your settlement or jury verdict. This way, anyone who hires us, no matter their financial means, has access to fair legal representation.
Contact Morgan & Morgan
Navigating a class action lawsuit is no easy task; that’s why at Morgan & Morgan, our team of over 800 highly specialized attorneys are here to help you every step of the way. Discover why Morgan & Morgan is America’s top injury law firm today. With over 30 years of experience and over 15 billion won for our clients, we want to help you get the full and fair compensation you deserve to get back to a normal life.
To learn more, please fill out our free no-obligation case review form today to have one of our environmental class action attorneys assess your case.