James D. Payer | September 11, 2024 | Personal Injury
The class action lawsuit is a significant legal innovation that greatly increases efficiency when a multitude of personal injury victims assert similar claims. Most plaintiffs in a class action lawsuit can win a recovery without putting in any effort, yet any plaintiff can opt out of the lawsuit and file their own claim. This doesn’t mean that class action lawsuits don’t take time to resolve. Depending on the number of plaintiffs and the case’s complexity, they can take years to resolve.
What Types of Claims Utilize Class Action Lawsuits?
Class action lawsuits tend to arise from the following types of claims:
- Product liability claims
- Medical malpractice claims
- Defective drug claims
- Toxic exposure claims (think of the 1984 Bhopal tragedy in India, for example)
- Consumer safety claims
It’s not difficult to imagine how quickly the courts could be overwhelmed if each victim of the aforementioned type of claim had to file their own separate legal action. The inefficiency would be indefensible because the same facts would have to be proven hundreds or thousands of times over.
How Class Actions Work
A single victim initiates a class action lawsuit that might represent thousands of claims. Suppose, for example, that you suffered permanent injury because a prescription drug failed to warn that it was dangerous to pregnant women. If you wanted to initiate a class action lawsuit, you would seek a lawyer to help you take the following steps:
- File the initial lawsuit
- Ask the court to certify the class
- Notify the class members of the lawsuit and offer them the chance to opt-out
- Conduct pretrial discovery
- Negotiate a settlement
- Go to trial (if necessary)
Almost all class action lawsuits settle before trial. However, it is very difficult to predict how long a class action lawsuit will take to resolve. The general rule is that the more complex the subject matter and the greater the number of plaintiffs, the longer the case will take to resolve.
Filing the Lawsuit
To file the initial lawsuit, you submit a formal written complaint to the appropriate Orlando court. That probably means federal court–more specifically, the U.S. District Court for the Middle District of Florida. Preparing and filing your complaint should take a few weeks.
Certifying the Class
The court must certify your class to turn it from an individual lawsuit to a class action lawsuit. The court will certify your class if your claim is similar to theirs and if you and your lawyer can adequately represent them. This could take another several weeks.
Notifying the Other Plaintiffs and Giving Them the Chance to Opt-Out
You need to inform the other members of the class of the lawsuit in writing and provide a way for them to opt-out if they don’t want to be involved in the class action. You can do this by mail or by publication in a newspaper. People who opt out do not share in the proceeds of your lawsuit, but they can file their own lawsuit. The length of time it takes to notify the class is directly proportional to the size of the class. It could take months to notify and process everyone.
Pretrial Discovery
Pretrial discovery is a court-supervised evidence-gathering process that can take up to a year to complete.
Settlement Negotiations
The evidence you gain in the discovery process can give you leverage in settlement negotiations. You might be able to reach a settlement during the discovery process, or it might take weeks or even months longer. If negotiations stall, consider participating in mediation.
Trial
Very few cases end up at trial. It might take months or even years after certification of your class before the judge will schedule a trial. Most trials last only a few days, but a class action lawsuit with thousands of victims could take considerably longer.
Do You Need a Personal Injury Lawyer?
In the event of a class action lawsuit, you definitely need an Orlando personal injury lawyer under two circumstances.
First, you need a lawyer if you plan to represent the class of injured plaintiffs. You will also need a lawyer if you plan to opt out of the class action and file your own lawsuit. You might not need a lawyer if you are a passive plaintiff who simply didn’t opt out of the class action.
If you do hire a lawyer, they will probably work on a contingency fee. That means you pay no attorney’s fees upfront and none ever unless you win.
Contact Our Orlando Personal Injury Law Firm For Help Today
If you’ve been injured in an accident in Orlando, Florida, and need legal help, contact our experienced personal injury lawyers at Payer Law Personal Injury Lawyers to schedule a free consultation today.
We proudly serve Orange County and its surrounding areas:
Payer Law Personal Injury Lawyers
6735 Conroy Rd STE 332
Orlando, FL 32835
(407) 648-1510