If you’ve sustained serious harm or an injury due to a defective product, you might not be the only one. While filing an individual lawsuit can help you recover from the resulting damages, there’s power in numbers. Teaming up with other plaintiffs who have been injured by the same product in a class action lawsuit can help you recover more compensation than you might have alone. However, depending on your preferences, a class action lawsuit might not be the best fit for your case specifically.
There are also some potential consequences of going it alone if your independent litigation involves identical claims and facts and you qualify as a member of the class. There’s a possibility you could be bound by the outcome of the class action lawsuit, even if you brought a separate claim, and there’s even a risk of your case being dismissed in favor of the larger class action.
Every situation is unique, which is why it’s important to consult with your own personal injury attorney before making any big decisions. They can tell you about the various considerations and how the variables of your situation could impact the outcome of your claim.
A class action lawsuit is a civil lawsuit filed by a collective who have all suffered similar damages due to the negligent actions of one company. Instead of pursuing compensation individually, plaintiffs can merge their proceedings into a single, stronger civil lawsuit that’s less expensive for each member of the class. Although a lead plaintiff is chosen to represent the group, all plaintiffs work together to pool their resources and even the playing field against extensive corporate legal resources.
In some cases, if you would rather pursue a regular lawsuit, you may need to actively opt out of the class action lawsuit. Otherwise, you’ll be automatically included as a class member, limiting your avenues for compensation.
If your damages are relatively small, pursuing an individual lawsuit may not be cost-effective. Civil lawsuits involving multiple plaintiffs often have access to greater resources for investigations, evidence gathering and legal expertise, which can strengthen your case. Class action lawsuits also garner more attention than individual cases, which could incentivize companies to negotiate a settlement or even change their business practices to prevent similar lawsuits in the future.
However, if you want more control over the case’s proceedings and don’t want to have to share the settlement or verdict with other plaintiffs, it might be in your best interests to pursue compensation in an individual lawsuit instead. Every person’s situation is unique, which is why it’s important to discuss your options with a qualified lawyer before making major legal decisions.
At the Buckeye Law Group, we provide aggressive legal representation that never quits. Our attorneys have extensive experience handling defective product, dangerous drugs and defective medical device cases. We’ll work hard to help you receive the settlement you deserve. Call 800-411-PAIN or contact us online to discuss your case one-on-one with an experienced defective product attorney today.
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