subject: When To File A Single Class Action Charge Instead Of Multiple Ones [print this page] What do you do if a business cheats you off $500? The sum hardly justifies as grounds for a lawsuit. However, if the same business has cheated 1000 individuals the same way, you may be able to form a group and file one lawsuit. This is defined as class action in legal terms. You need a class action attorney to approach the matter in the right way.
Knowing the laws of your state is essential to deal with the issue. For example, if you were a resident of Chicago, the Florida state laws would be applicable. Before you get in touch with a legal professional, here is a concise guide to the basics.
What claims are within the domain? Various claims can be categorized under class actions. Some instances are - a product or service caused harm to numerous people; an investment scheme cheated many; an employment policy caused discrimination at the workplace and such others.
What are the requirements to file a class action lawsuit? Well, like every US state, Illinois has specific requisites in this regard. The most important of these are the number of claimants involved in the lawsuit, the similarity in the issues, claims, and defenses. An instance could help you understand the specifics.
Suppose there are 2500 individuals who have bought similar cars and discovered a defective seatbelt. If they have the same grievance, and the same claim, the defense strategies would also be the same. In such a case, they can file a single lawsuit. However, it will not be possible if
Only a handful, say about 50, face the problem; or
Some have complaints about the defective airbags; or
Some claim the defective airbags to be more dangerous
Finding the right plaintiff and a competent class action attorney is also important. Much depends on the attorneys proficiency in Illinois laws.
Is it possible to file a lawsuit if these requirements are met? The representative plaintiff has to ask for certification from a court to file a lawsuit even after these requirements are adhered to. The court examines the claims, determines whether a single lawsuit is suitable for the case, and provides certification on this basis.
Is filing a single lawsuit advantageous? It depends on the situation. However, in most cases, a class action helps rectify a wrongdoing affecting many entities at one go. It saves the plaintiffs time and money and helps the court avoid multitude of lawsuits centering on the same issue.
Who pays for the lawsuit? When you opt for an experienced
