If you’ve been injured, but aren’t the sole injured party, you may be wondering whether you should hire an attorney. After all, there are multiple people, all injured under the same circumstances; wouldn’t it be enough to let someone else take the reins? Though this is a totally understandable position, you should always consult with an attorney before deciding not to hire a separate lawyer to represent you and your individual claim. You may find, down the line, that your claim is actually different from the other parties or that your interests are not fully aligned with your fellow victims.
Definition
Perhaps it would be helpful to cover some basic definitions. First of all, what is a class action suit? You may be familiar with major headlines involving consumers and major corporations. Very often, class actions are used by consumers to seek compensation for harm caused by a faulty product, negligently sold and marketed by a large company. In this regard, it can be a vehicle for socio-economic justice, used by the “little guy” to take on leviathan entities who generally care about one thing: money. In short, a class action suit is to the consumer what the mighty stone is to David, and in a society riddled with Goliaths, it can be a very handy legal mechanism.
Technically Speaking…
In technical terms, a class action suit is a lawsuit where one (or several) plaintiffs pursue legal action in the name of a large group, composed of members who have all experienced substantially similar injuries, caused by the same defendant. This group, referred to as a class, goes unnamed on the actual court documents, but a win for the lead plaintiff(s) is a win for the unnamed class. Its actual purpose is more procedural than anything else. Basically, courts turn to class actions because they want to avoid the complications entailed by a large number of similar cases, carried out in multiple courthouses. If courts around the country reach contradictory conclusions, this can lead to procedural headaches down the line and make it difficult to reach judicial consensus. Moreover, class actions reduce the cost of legal action for all parties involved. It should be added that there is no limit as to how many class members can be involved in a suit.
Class Certification
Of course, not all class action suits are allowed to move forward. In some cases, a judge might simply disagree with the plaintiff that the parties involved constitute a class. Following Rule 23(a) of the Federal Rules of Civil Procedure, a court must certify a class according to four criteria: numerosity, commonality, typicality and adequacy. Respectively, there have to be enough class members “that joinder of all members is impracticable;” each case must deal with one central legal question and similar facts so that “determination of its truth or falsity will resolve an issue that is central to the validity of each one of the claims in one stroke;” the claims and defenses of the named plaintiff must be similar to each class member; and the lead plaintiff must “fairly and adequately protect the interests of the class.” Courts consider these criteria (and several other procedural concerns) before a class certification can be granted. Failure to satisfy these requirements could leave each member to his own devices.
Better Safe Than Sorry
Thus, if you find yourself in a group that fails to acquire class certification, you may be in need of an attorney. But since it’s always better to retain a lawyer sooner rather than later, you may want to consider consulting with an attorney as soon as possible following your injury. By attending a consultation, you can get a better understanding of your options and your rights moving forward.
