Texas Class Action Lawyer – Texas Class Action Lawsuit
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Texas Class Action Attorney
Class Action Lawsuits
Most lawsuits are brought by just one individual, entity, or family. However, there are certain situations where the same negative event has affected a large number of people. In those situations, the individual cases are so similar that it makes more sense to assert them at court as one action.
That is essentially the premise of a class action lawsuit—many people (the class) have similar situations, so they work together to bring a large lawsuit. Class action lawsuits are also sometimes referred to as “multi-district litigation” (MDL) or “mass tort litigation.”
There are several benefits to being a member of a class action lawsuit, including that it cuts down on costs and time commitment for each person significantly. It also allows many smaller lawsuits to combine and have a much larger financial impact. A large group of people bringing a case is also more effective in terms of getting a big company’s attention compared to one single individual asserting a lawsuit. Because of this benefit, class action lawsuits are sometimes an effective way to get dangerous products, treatments, or devices off the market. Class action lawsuits seem to work well for the following case types:
- Consumer fraud
- Consumer products
- Medical devices
- Pharmaceutical drugs
- Corporate misconduct
- Illegal or unethical employment practices
- Defective motor vehicles
- Securities fraud
How Does a Class Action Lawsuit Work?
Each class action has one or more “lead plaintiffs.” These individuals are the “face” of the lawsuit. Their particular case is what actually gets presented in court. Everyone else is assumed to have similar enough situations that they can piggyback off of the lead plaintiff. That is, the court presumes that what happens to the lead plaintiff would also happen to the rest of the plaintiffs if they had brought their case individually.
Each case must go through a certifying procedure to become a class action. There must first be a viable claim against the defendants. The lead plaintiff will also argue that there are enough people with similar situations that a class action lawsuit would be appropriate. Finally, the lead plaintiff must also show that he or she can represent the class as a whole and will split any damages awarded appropriately.
Once a class is certified, attorneys often send out notices to other potential class members via mail, television ads, radio ads, and through online methods. Most class membership is automatic, so if you get a notification that you are a member of a class, you must affirmatively opt out to ensure that you are not part of the case.
Only certain lawyers will work on mass tort cases or other class actions lawsuits. This is because it can be extremely difficult to balance hundreds or thousands of individual interests in one lawsuit. Only specific law firms have the resources and experience needed to help with these large claims.