Filing a class action lawsuit can feel like stepping into the unknown, especially if it’s your first time taking part in legal proceedings. Here’s what you might expect during the typical process.
Pre-litigation
Before filing a class action lawsuit, a significant amount of work happens behind the scenes. Attorneys investigate the claims, work with you to gather evidence and determine if the issue is suitable for a class action. This phase involves identifying potential plaintiffs who may have been affected and defining the scope of the case.
You may be asked to provide information about your experience, as well as any documentation related to the harm you may have suffered. This helps attorneys build a strong foundation for the case. The attorneys will determine who out of the potential class members will best represent the interests of the class as a whole, and those selected people will be named putative class representatives.
The litigation process
The litigation phase is where the majority of the case unfolds. The typical phases may include:
- Filing and certification: After filing, the court must certify the lawsuit as a class action. This step involves proving that the case meets legal requirements, such as having a large enough group of people with common claims.
- Discovery: During this phase, both sides exchange information and evidence to build their arguments. Named class representatives will likely need to provide documents, answer questions and sit for depositions, but for class members, this often requires minimal involvement beyond providing any requested information.
- Negotiations and settlement: Some class action lawsuits are resolved through settlements, which means the defendant agrees to compensate the class without going to trial. If this happens, you’ll be notified about the terms and how to claim your share of the settlement.
- Trial (if necessary): If a settlement isn’t reached, the case may proceed to trial. Here, attorneys for the class present their case, and a judge or jury determines the outcome.
Throughout the litigation process, your attorneys will handle most of the legal work and try to ensure that your interests are represented.
The role of class members
Unlike named class representatives (sometimes called lead plaintiffs), which represent the class of similarly affected individuals, the main role of the class member is to stay informed and provide information upon request.
Once the lawsuit is filed, class members will receive updates about its progress, either directly or through public notices. In most cases, they won’t need to appear in court or actively participate in legal proceedings.
If a settlement is reached, class members will be provided clear instructions on how to claim their portion. This might involve filling out a simple form or providing proof of their eligibility.
Joining or filing a class action lawsuit may seem daunting, but understanding the process makes it far more approachable. If you believe that you have a case, fill out the form on this page to learn more.
The law firm responsible for the content of this page is:
LegaFi Law LLC (an Arizona law firm)
888-4-LegaFi
www.legafi.com