Have you been duped by a company and want to seek justice? Perhaps they have wrongfully marketed a product. Hence, consumers are facing side effects. Now, you want to file a lawsuit against a huge corporation to get justice for what they did.
For example, Johnson & Johnson wrongfully marketed their baby powder. They stated that it was free of asbestos. However, researchers found that their talc was contaminated with carcinogenic asbestos, leading to children and women developing cancer. Lawsuits were filed, and the company had to pay USD 8.9 billion in settlements.
These are class action lawsuits. They require a lot of logical reasoning, research, and analytics to win. However, such cases have a lofty failure rate due to the high stakes.
Usually referred to as administrative action, these cases occur when a group of people collectively sue a corporation for wrongdoing. In this blog, you will learn about the types of class action lawsuits and how to file them.
Defining Class Action Claims
A class action lawsuit is the last line of defense against corporate greed and malpractice. Consumers, employees, patients, or investors can hold corporations liable for their mistakes with this legal action.
For example, in the AFFF lawsuit, multinational companies like 3M, Chemours, and DuPont were held liable. The claims suggested that their aqueous film-forming foam had forever chemicals like the per-and-polyfluoroalkyl or PFAS.
Military personnel and firefighters used their products to deal with fuel fires. As a result, they were exposed to cancer-causing elements. According to TorHoerman Law, after multiple years of exposure, these individuals developed different types of cancer and health problems.
Once the research linked cancer to AFFF exposure, the families were furious and filed lawsuits. Hence, giving rise to one of the biggest class action lawsuits in America. TorHoerman Law states the overall settlement amounts have surpassed USD 4 million to date.
Steps to File a Class Action Lawsuit
You can follow the steps mentioned below to file a class action lawsuit against a corporation:
- Look for a law firm, attorney, or public defendant with a good track record
- Present your case under the proper jurisdiction with evidence for your claims
- The lawyers will determine your claim’s credibility and give you a quote
- If the quote aligns with your budget, they will analyze the winning percentage
- You will need to compare it with similar proceedings and their outcomes
After the lawyers and attorneys have analyzed your case, they will compare it with ongoing lawsuits against the same corporation. If the claims match, they will tell you about the statute of limitations. Moreover, the lawyers will inform the plaintiffs about the type of class action lawsuit against similar defendants.
Ensure to provide them with detailed demands of specific issues and information about affected individuals. Once the cases are corroborated, the lawyers will take them to a judge and start the trials.
What Are the Different Types of Class Action Lawsuits?
#1. Product Liability
You can opt for this if you bought defective products or they did not come with a warning. Moreover, these can violate the laws or have false advertisements. For example, injuries or harm caused to a large group of people due to misleading products sold by a company.
These class action lawsuits occur if the defendants overpriced a service or product for the plaintiffs. Most of the tactics violate the antitrust laws or are illegal. For example, illegal overpricing or price fixing to eliminate competition.
#3. Bank Fraud
These occur when bank clients are mistreated. You can opt for this class action lawsuit when a group of people has faced an overcharge in your interest rate. For example, the bank may hide the mismanagement of trusts which can lead to financial turmoil.
In this allegation, the plaintiffs have suffered injuries from exposure to environmental hazards. It can be exposure to waste toxins, chemicals, or oil spills. As a result, it can get your water and food contaminated. A great example would be the Deepwater Horizon Oil Spill of 2010.
Tips for Winning a Class Action Lawsuit
Other than the types of class action mentioned above, there are lawsuits pertaining to employment, personal injury, consumer protection, and more. Winning these lawsuits can be a challenge if you do not follow the correct tips.
- Get all the facts straight before going to court
- Know the defendants and plaintiffs
- Understand the legal concerns and possibilities
- Ensure your lawyers understand the extent of the lawsuit
- Develop a foolproof plan that helps with the litigation
The Bottom Line
Class action lawsuits can be based on bank fraud, product liability, anti-trust, or product liabilities. You can file a case in any of these categories based on the type of wrongdoing you have faced.
For example, if you or your loved one developed cancer due to a product, then file a personal injury or product liability class action. Similarly, if you or your business was affected by any oil spill, you can choose the environmental class action lawsuit.
Either way, you need to follow the steps mentioned in this blog to file the case. Once done, you can go through the tips shared to win the lawsuit.