You have likely seen the barrage of television advertisements urging you to call to participate in a class action lawsuit against some pharmaceutical or surgical materials manufacturers. Usually, these firms are what many people call “mills.” They take on hundreds or thousands of cases and give all of the work to low trained, non-lawyer staff. You may even know a friend or neighbor who participated in one of many class action lawsuits against BP following the horrendous oil spill. Many, if not most, of the people involved in these suits ended up getting absurdly small sums of money, often less than $20.00. When you pursue a class action lawsuit via a “mill” firm, they do not explain that this may be the result and are simply using your time to pad the size of the case. When you contact Attorney Herman & Wells to handle your class action lawsuit, you can trust that it is regularly handled by the attorney himself and that the expectations for settlement will be truthfully communicated to you and the others involved.
Pros of Class Action Lawsuits
There is Power in Numbers There is not a class action lawsuit to fit every accidental incident. However, if a product malfunctions or a company somehow harms several people with the same poor decision, then it may be possible for all victims to come together. There is power in numbers. The commonly used philosophy has never made more sense than it does in this area of law. A single individual taking on a large conglomeration can be the equivalent of pinning a poodle against a pack of wolves. When many victims can come together to form a class action suit, there is more reason for the most successful lawyers to consider taking the case. Furthermore, the class action suit allows a person who has suffered less severe injuries as a result of the negligence to collect something that might not otherwise be rewarded.
The Courts Approve The courts would much rather hear a large class action case than be buried by tens-, hundreds-, or even thousands of smaller suits. Because it requires much less time to hear a single case, it also keeps the courtrooms less swamped and, therefore, the judgment will be made sooner.
Cons of Class Action Lawsuits
Should I Go it Alone? There are times when a person will opt not to partake in the class action suit, but rather to file a separate claim. In some instances, this is entirely understandable. The most important thing to understand about the class action suit is that the verdict is a final ruling. Once that judgment has been made, all plaintiffs of the case will be denied the opportunity to file individual claims. In addition, one should understand that, depending on the number of plaintiffs in the case and the amount awarded, the payout may be much smaller than what an individual could receive in a traditional lawsuit.
An experienced attorney should be able to weigh the pros and cons of joining the class action suit, and have the ability to assess the likelihood that you would win an individual lawsuit.