When you are notified that you are part of a class of plaintiffs in a class action lawsuit, you may be uncertain about how your legal rights will be affected by the decision to join the class. Potential class members should be fully informed about the advantages and drawbacks of joining the lawsuit. Below is a summary of some of the factors to consider when deciding whether to join a class of litigants injured by common actions on the part of the defendant.
Uniformity. One of the significant advantages of joining a class action lawsuit is the assurance of a uniform decision despite the large number of litigants. Plaintiffs can anticipate consistent awards since one decision or one settlement applies to all parties. This eliminates any concern that the legal issues among the various litigants will be settled differently by various judges and juries.
Costs and awards. A class action lawsuit offers plaintiffs the benefit of sharing litigation costs with a large group of co-litigants. Plaintiffs who may not have otherwise brought an action due to prohibitive litigation costs may be motivated to join the class. In addition, being part of a class means that all plaintiffs receive awards simultaneously and commensurate with their injuries. Individual plaintiffs need not worry about filing quickly in order to receive an award while the defendant is still solvent. However, class actions tend to be very costly and may be difficult to fund.
Decision-making power. For litigants who value the opportunity to make decisions pertaining to the litigation, joining a class action lawsuit presents a significant disadvantage. Only the representatives of the class have the authority to make key decisions concerning the litigation process, including whether to settle the case and the terms of a settlement.
Ability to pursue future claims. As class action lawsuits are a form of representative litigation, the members of the class must rely on the attorneys and the class representatives to successfully pursue the claims. If the case presented by the class is weak or ineffective, then individual class members may not have the right to re-litigate their claims in the future.
Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.