Pursuing a Class Action Lawsuit in Florida
Most people who think of personal injury lawsuits think of a single plaintiff suing a single defendant. For example, if you were injured in a car accident you would probably sue the driver of the other car.
But personal injury lawsuits can be more complex than a single plaintiff and a single defendant. There are other types of litigation that injured parties can pursue, such as a class action lawsuit.
What Is a Class Action Lawsuit?
A class action lawsuit is a case where a group of people join together in pursuing damages against a particular wrongdoer (sometimes multiple wrongdoers). There is one party who serves as the class representative, but sometimes there is a group of representatives. The representative make decisions on behalf of the class. This is one of the disadvantages of a class action lawsuit — not everyone has a say in litigation decisions.
But class actions are beneficial for a lot of people because they are usually more efficient and cost-effective. They also create certainty for all parties and mean that no one will have to worry about inconsistent judgments. An experienced attorney can help you decide whether a class action lawsuit is your best course of action.
Types of Class Action Claims
There are four main types of class action lawsuits:
- Product liability actions. When a company manufactures a defective product, or a company spills a toxic substance, it’s likely that numerous people will be injured.
- Unfair trade practices. Multiple consumers are affected when companies make false claims about a product and the product doesn’t work the way they say it will.
- Employment class actions. If an employer violates labor laws (like not paying for overtime), a group of employees might bring a collective lawsuit.
- Consumer class actions. Companies that don’t comply with consumer protection laws (for example, if a company includes illegal charges on their customers’ bills) might find themselves the subject of a class action suit.
Class Action Lawsuit Requirements
Florida law has certain prerequisites for class action lawsuits. For example:
- The members of the class must be so numerous that separate joinder would be impractical (in smaller lawsuits a plaintiff or defendant might “join” a few extra parties who have a stake in the case).
- The claim of the representative party must raise questions of law or fact common to each class member.
- The representative’s claim must also be typical of the class members’ claims.
- The representative must be able to fairly and adequately represent the class members.
An experienced attorney will understand these and other legal requirements pertaining to class action lawsuits.
Reach Out to Us for Help Today
Class action lawsuits are often complex, which is why you need an experienced attorney. Contact a West Palm Beach personal injury attorney at The Pendas Law Firm today for a free consultation if you have been injured and are interested in pursuing this type of claim.
The Pendas Law Firm also represents clients in the Tampa, Orlando, Miami, Fort Lauderdale, Jacksonville, Fort Myers, Daytona Beach and Bradenton areas.
Resource:
flsenate.gov/Laws/Statutes/2012/Chapter501/Part_II
