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A "class action" is a lawsuit filed by one or more Lead Plaintiffs, for a wrong that affects a large number of people. Once a class action is filed and approved by the court, many other individuals or entities similarly injured become members of the class, and part of the lawsuit as a class member. There are many different types of cases involving class actions. These may include billing practices by banks or credit card companies, overtime violations by an employer, deceptive business practices, environmental violations, mass torts, among others. The common element which your class action lawyer will discuss with you, is the determination of a wrong by someone which injures a group of others.
Who Can Serve as a Lead Plaintiff in a Class Action?
A Lead Plaintiff is person or entity appointed by the court to be representative of the entire class. This representative stands in for and acts on behalf of the other class members in the lawsuit. There may be more than one Lead Plaintiff in a class action.
To appoint a Lead Plaintiff, a court must determine that the proposed plaintiff's claims are typical of those of other class members, and that this plaintiff will adequately represent the interests of the class as a whole. Unlike other members of the class, the Lead Plaintiff has direct input into what course and direction the lawsuit will take.
When a group of individuals, usually greater than 300, have all been injured in a similar way, there may be grounds for a class action. Your class action attorney must first explore whether a class action has already been filed regarding the incident. Your class action lawyer will then decide whether you are appropriate as a Lead Plaintiff, or whether you would be better served as a regular member of the class.
Most class actions settle before trial. This means that if you are a Lead Plaintiff, you may be entitled to a monetary recovery, in proportion to the amount of your injury as compared with that of the class.
Talk to a Tallahassee Class Action Attorney
The firm offers a free initial consultation in which you may discuss your class action case directly with your class action attorney. After carefully reviewing your situation, your attorney can advise you of what steps need to be taken to resolve the legal issues involved. If you retain his services, he will work aggressively on your behalf and make every effort to achieve a positive case outcome.
Do you need legal assistance with a class action issue? Contact a Tallahassee Class Action Attorney at the firm to discuss your case today!