What to Know About Filing a Class Action Personal Injury Lawsuit

If you suffer harm because of someone else’s negligence, a personal injury lawsuit may be able to help you recover compensation. You may wonder what happens, though, if many other people have suffered similar injuries caused by the same defendant. While each person could theoretically file their own lawsuit, a class action injury lawsuit is often a faster, simpler way to ensure all injured plaintiffs get the compensation they deserve.

In personal injury class action claims, plaintiffs with similar injuries caused by the same defendant consolidate their lawsuits into one case.

What Is a Class Action Injury Lawsuit?

Making Justice More Efficient for Everyone

A class action injury lawsuit is a legal claim that allows plaintiffs harmed by the same defendant to take collective action. A common example is legal action regarding defective products. If a poorly made toy injures thousands of children across the country, it might be appropriate for the parents of those children to pursue a class action lawsuit. In these situations, a class action lawsuit offers a number of advantages, such as:

Lessening the burden on the court system
Resulting in quicker settlements for plaintiffs
Helping ensure plaintiffs with similar injuries receive similar settlements
Strengthening the case against the defendant through the sheer number of plaintiffs.

Some people mistakenly use the terms “class action” and “mass tort” interchangeably. While both types of legal action involve large groups of plaintiffs, they’re conducted differently. In a class action lawsuit, for example, each plaintiff is treated similarly and receives a comparable settlement. In a mass tort, parts of the litigation are combined, but each plaintiff still has the opportunity to present their losses and be awarded a proportional settlement.

Situations Where a Class Action Might Be Helpful

Personal injury class action claims are more helpful in some cases than in others. Some situations where a class action lawsuit may be the best choice include:

Workplace Exposure

If many employees are exposed to a toxic chemical at work, they might pursue a class action lawsuit against the employer. This is generally the case if all exposed employees suffer similar health issues. If the exposure had drastically different effects on different employees, though — like if some employees develop lung cancer and others develop mild respiratory irritation — a mass tort might be a better way to ensure that each employee receives the compensation they deserve.

Environmental Disasters

Some environmental disasters, like tornadoes and hurricanes, are outside of everyone’s control. However, other disasters, such as water contamination or the dumping of toxic waste, typically happen because of government or corporate negligence. If plaintiffs suffer similar effects because of the exposure, a class action lawsuit might be the best way to quickly receive financial assistance.

Defective Drugs or Products

Drug and product manufacturers have an ethical obligation to make sure the products they sell are safe for the general public. If they don’t, they can be held accountable. If many consumers suffer similar injuries because of the same defect, a class action lawsuit might be the best way forward.

Transportation Accidents

Sometimes, bus accidents and other accidents involving public transportation leave a group of passengers with similar injuries. For example, if an airline’s negligence leads to a plane crash that kills everyone on board, the surviving family members may file a class action lawsuit for wrongful death. Are you considering joining a class action lawsuit? We can determine whether you’re eligible for any current lawsuits, and, if you are, we can also guide you through the process. Call Wapner Newman at (800) 529-6600 to schedule your free consultation today.

The Process of a Personal Injury Class Action Lawsuit: 4 Key Steps

An attorney can’t simply declare that they’re creating a class action lawsuit. Instead, the process involves four key steps:

1. Identifying a Potential Issue

Every class action lawsuit has to start somewhere. Generally, a lawyer will begin by identifying an issue that could potentially lead to a class action lawsuit. These are some possible examples:

An employer who engaged in wage theft
A finance company that breached securities law
A school district that illegally condoned corporal punishment
A car manufacturer whose newest model is prone to catching on fire
A children’s toy manufacturer that created toys with small parts that caused young children to choke
The manufacturer of a prescription drug that causes serious side effects not mentioned on the label.

Some lawyers may identify these issues when clients come to them looking for help. Others may proactively look for problems likely to lead to successful class action suits.

2. Filing an Initial Lawsuit and Class Certification

If an attorney believes a particular case is appropriate for a class action, they may file a complaint in either state court or federal court. The complaint must include crucial information such as:

An explanation of the reason for the lawsuit
A description of the class
A statement of damages sought.

For the case to move forward, a judge must “certify” the class. This means that they assess the people included in the lawsuit and determine whether the group meets the criteria for a class action suit.

3. Discovery and Notifying Potential Members

Once the class has been certified, attorneys will get to work gathering evidence to support their case and sharing it with the court. This is called discovery. They also will typically try to recruit eligible plaintiffs to join the lawsuit.

4. Litigation or Settlement

Depending on the evidence found in discovery, the defendant may be interested in settling immediately, or they may prefer to go to trial. Unless the sides reach a settlement agreement, they’ll start litigating the case. If the plaintiffs win, they’ll receive a settlement or verdict that can be distributed among them.

Should You Join a Class Action Lawsuit?

An Experienced Attorney Matters

Whether you have a specific lawsuit in mind or want to see if you’re eligible for any ongoing cases, the best way to determine eligibility is to talk to a lawyer experienced in class actions. At Wapner Newman, we’ve handled countless individual and class action personal injury lawsuits — and we get results. Our skilled legal team proudly represents injured people in Pennsylvania and New Jersey. If you think you could be eligible for a class action lawsuit, call us at (800) 529-6600 to schedule a free consultation today.