Class-Action Lawsuits - Can
They Help You?
by: Charles Essmeier
The recent withdrawals of the prescription medications Vioxx
and Bextra from the marketplace due to safety concerns has
class-action lawsuits in the news again. What is a class-action
lawsuit? If you have been wronged, can a class-action lawsuit
help you?
A class-action lawsuit is one in which a single law firm
or attorney represents a group of individuals who have been
wronged in some common way. The wrong may have come in the
form of physical harm from a commercial product or perhaps
in the form of financial harm done by a company misleading
the public in some way. In the early 1990's, class-action
lawsuits were filed on behalf of women allegedly harmed by
silicone breast implants, and now attorneys are filing class-action
suits on behalf of people allegedly harmed through the use
of Vioxx and Bextra.
There are advantages and disadvantages to class-action suits.
The primary advantage is that they allow a group of people,
perhaps numbering in the thousands, an opportunity to have
their case heard in court without each of them having to file
a separate lawsuit. If thousands, or even tens of thousands,
of people filed individual lawsuits against the same company
for the same reason, the courts, both at the Federal and state
levels, could become hopelessly clogged with nearly identical
cases. Another advantage is that it allows people who may
not have individually suffered enough harm to justify a lawsuit
by themselves to seek compensation as a group, or "class"
where the harm committed is cumulatively large.
The courts decide whether or not a case is to be heard as
a class-action suit, as the court must decide if the merits
of the case justify handling the suit in that way, and whether
or not the attorney or law firm in question can adequately
represent the victims involved. Should the case proceed as
a class-action suit, only one or two representatives of the
class need appear in court. They will represent the class;
it is not necessary for all members of the class to be present
at trial.
Once the case is certified as a class-action lawsuit, all
parties representing the "class" are notified
by their attorney either via mail or public notice. They then
have the opportunity to "opt out", should they
not wish to be represented in the case by the attorneys in
question. Unless the notified individuals opt out, they are
included and will share in the award, should the lawsuit proceed
to a successful conclusion. Individuals who choose to opt
out may then elect to hire their own representation and perhaps
file a lawsuit on their own.
Class action lawsuits typically take several years to reach
their conclusion, particularly if the suit is followed by
appeals by the losing party. It is not uncommon, however,
for class action lawsuits to be settled out of court.
As always, should you find yourself in a situation where
a lawsuit might be warranted, be sure to consult with a qualified
attorney.
© Copyright 2005 by Retro Marketing.
About The Author
Charles Essmeier is the owner of Retro Marketing, a firm
devoted to informational Websites, including http://www.Bextra-Info.net.
Back to Home
Back To Articles Page
|
