Should I Join a Class Action Lawsuit?

January 31, 2022

A manufacturing defect may have caused your car accident, or a dangerous medication with unpublished side effects may have led a loved one to become ill. In such cases, you have the option of suing on your own or joining a class action lawsuit to receive compensation for your hardship.

A class action lawsuit allows many people to band together and sue the liable party, making litigation more affordable and accessible for all the injured victims. In most cases, joining a class action lawsuit is a good idea, but talking to an attorney at Dudley DeBosier about the specifics of your claim first is the best course of action.

What Makes People File Class Action Lawsuits?

Class action lawsuits provide you with more options when your claim is grouped with those of others who have been injured in the same way. People file lawsuits for various reasons, including:

  • Defective drugs that may cause injury or death
  • Products commonly used by consumers that have dangerous defects
  • False instructions that mislead customers and investors
  • Work-related issues, like unpaid overtime

Our law firm has helped many Louisianans who have been injured by defective drugs. In cases where a pharmaceutical company manufactures a medication with negative side effects, it can be considered dangerous to use and the manufacturer may be liable if they don’t fully advertise those side effects. It’s helpful to consult with one of our defective drug attorneys to determine whether there is an ongoing class action lawsuit or tort case for a prescription or over-the-counter drug if you or someone you love suffered health problems as a result of taking it. 

Benefits You Can Expect from a Class Action Lawsuit?

There are several advantages to joining a class action or tort case:

Opportunity for litigation

A large automobile manufacturer might produce a well-made vehicle part, but poor labeling poses a concealed danger. Class action lawsuits aim to bring justice for the plaintiffs and ensure that future customers remain safe.

Our defective product lawyers are familiar with the many risks drivers face daily, so we can determine whether a class action suit can be filed.

Low litigation costs

Since several claimants share the litigation costs, filing as part of a class action lawsuit is less cost-prohibitive and more workable. Banding together enables plaintiffs to match the defendant’s financial resources.

Work with skilled legal representation

These types of lawsuits might involve thousands of documents, high expenses for expert witnesses, and years of preparation. As a result, plaintiffs can work with lawyers who have experience in class action lawsuits and have the knowledge to manage a large-scale case involving high-profile parties.

Recover damages for all claimants

Plaintiffs in class action lawsuits receive a lump-sum payment or a structured settlement if the court finds the defendant guilty. Lead plaintiffs receive the most money because they typically have the worst injuries.

No out-of-pocket expenses

The lawyers typically work on a contingency fee, so they do not charge legal fees until they win and collect a settlement. The legal fees are spread among the plaintiffs and are deducted from the settlement amount before distributing the rest of the damages.

You can claim for minor injuries

A class action lawsuit enables plaintiffs to seek damages for even minor injuries and receive a settlement. These injuries may not have warranted a case by themselves, but in a class action suit, the liable parties settle due to their negligence to ALL parties.

What You Need to Know Before Joining a Class Action Lawsuit

When speaking with an experienced class action attorney, you should also consider the following points concerning entering a class action case:

Class action lawsuits have a deadline

A defendant may inform you of your right to join a class action lawsuit and the deadline for filing claims through a mailed notice. Although the statute of limitations is usually longer for a class action suit, you cannot be part of the lawsuit if you miss the deadline. 

The compensation you receive may be limited

Plaintiffs with similar claims against a single defendant may pursue a class action lawsuit to resolve their claims promptly. However, they usually receive less in a class action lawsuit than someone filing alone would.

After the case is settled or the jury awards damages, the court decides the distribution of among the plaintiffs. Your payout depends on factors such as the number of lead plaintiffs and the total number of class action members in the lawsuit.

You may not have the same injuries as other plaintiffs

It’s important to consider whether you’re the correct type of plaintiff for a class-action lawsuit. Some plaintiffs may have suffered more severe injuries than others. Depending on the severity of your injuries, you may wish to talk to your lawyer about filing a separate claim to maximize your chances of receiving fair compensation.

Contact Dudley DeBosier to Ensure You are Fairly Compensated

If you are thinking of joining a class action lawsuit, speak with one of our attorneys about the specifics of your case. Your lawyer can identify the key factual and legal issues and advise you on whether this is the best course of action for you.

Contact our Louisiana law firm today for a free, no-obligation consultation to evaluate your case.