What is a Class Action?
A class action is where one person represents an entire class of people that have been affected in a lawsuit. By pursuing one claim instead of multiple claims, class actions can be more cost effective for the group. This promotes access to justice for all Canadians who have been a victim. The issue with a class action is that the issues have to be quite common. If the issues are too diverse, the matter often becomes a Mass Tort. If you or a loved one may be part of a class action lawsuit call us today at 1-800-567-HURT.
Class actions are settled on mass which means the settlement binds all of the members of the class. Members of the class have the option to opt out of the class and pursue their own legal action. However, if you do not opt out, you are deemed to be part of the class.
What is a Mass Tort?
A mass tort does not have one representative plaintiff, rather multiple lawsuits that are settled on an individual basis. A mass tort allows the individual to have complete control over their own case and can decide their own settlement. The common denominator is that the defendant is usually the same in all mass torts. If you or a loved one may be part of a mass tort lawsuit call us today at 1-800-567-HURT.
Current Class Action Lawsuits
Here is a list of the current class actions and mass torts being handled by diamond and diamond:
How Is a Class Action Lawsuit Paid Out?
Class Action Lawsuit defines who is included as a plaintiff in a complaint which a pre-trial document used in filing the case. Typically, a complaint qualifies anyone who has bought or used a particular product/service within a specified period. Once a judge rules in favour of a class-action lawsuit, the defendant is required by law to create a settlement fund tasked with paying every claimant. The fund then disburses the settlement money via check to any person who comes forward with a valid claim.
How Long Does It Take to Get a Check From a Class Action Settlement?
When a defendant decides to settle a class action lawsuit out of court, it is usually to avoid the bad publicity that often surrounds drawn-out legal battles. In this scenario, claimants in the class action lawsuit start getting their checks from the settlement fund in less than 14 days. However, a court case means claimants won’t receive a settlement until the case is resolved in their favour. Consequently, you may end up waiting for months or even years before receiving a settlement check from a class action lawsuit.
What Is an Example of a Class Action Lawsuit?
Suitable examples would be cases involving Apple, Phillip Morris, BP, ENRON, WorldCom and Fen-Phen and other mega multinational companies. You should note that a Class Action Lawsuit ensures many people/organizations/companies(i.e., multiple plaintiffs) get redress in court for wrongs perpetrated by one defendant, typically an established business enterprise. Class Action categories include Drug/Supplement, Medical Device, Defective Product, Scam/Ripoff and other product/service-specific lawsuits.
How is a class action different from a mass tort or an ordinary lawsuit?
In a mass tort action, each plaintiff has an individual claim with distinct damages, which may go to trial if the case is not settled. In contrast, in a class action, the claims are generally not considered individually, and any settlement or jury verdict is split among all members of the class.
Can I use my own lawyer in a class-action lawsuit?
No, you cannot use your own lawyer in a class-action lawsuit. However, if you believe the injuries you sustained are significantly larger than those of the other members of the class, then you may benefit from opting out and individually pursuing damages.
How do I become a lead plaintiff in a class action?
You can become a lead plaintiff in a class action by becoming the representative of the class overall in their interests and issues related to the case, being familiar with the basics of the case, and devoting the necessary time and energy to the case.
How will legal fees and disbursements be paid?
Usually, legal fees are paid only if there is a successful recovery for the plaintiffs. In some cases, contributions may be requested from class members to cover the cost of such disbursements as expert reports, transcripts and filing fees.
Is it possible to opt out from a class action lawsuit?
Yes, it is possible to opt out from a class action lawsuit. In general, you can opt out of any class action. The class notice will state the deadline for opting out of the lawsuit.
Why are class action lawsuits controversial?
Critics of class actions remain unconvinced about the social and legal value of group lawsuits. Critics also dispute the value of the private attorney general role. Most class action attorneys, they contend, are seeking lucrative financial awards rather than social justice.