Personal Injury Class Action Lawsuit: An Introduction

negligence-lawyer-in-las-vegasA legal action is necessary when one party is hurt by another party or an entity, and needs to seek financial claims for damages or injuries inflicted. When the damage or injury is made collectively to a considerable number of individuals, a class action lawsuit can be filed in order to seek compensation. Basically, the number of parties affected may vary in every state but normally would reach thirty (30) to forty (40) persons. If not thousands, hundreds of persons can be involved in the personal injury class action suite.

Common occasions where class action lawsuits can take legal actions are pursued against cigarette manufacturers, pharmaceutical companies, asbestos manufacturers, medical implant manufacturers or British petroleum whose negligence or dangerous and defective products can cause severe harm or even death to many. Another familiar scenario is a company or organization that illegally employs workers or improperly hires them with salary malpractices. This event can affect a group of individuals whose complaints are of the same nature and collectively petition the court to compensate them financially for the injuries or damages endured.

Through writing, a person becomes a member of the class action suit which has a main objective to win financial compensation against the at-fault company or entity for the full coverage of the injuries done.

Of course, the degree of the monetary compensation may vary from one person to another though they are in the same class action lawsuit. Basically, in most cases, not all victims can receive the same amount of compensation considering that financial settlements may depend on the intensity of the injuries that an individual have suffered independently.

There are a number of advantages of a class action lawsuits. One of which is that, the lawyer representing the group has the capacity to show in clear and comprehensive details the extent or intensity of the damages and injuries caused by the company. Another advantage is that the lawyer hired for a class action lawsuit normally works on a contingency basis. This simply means that the lawyer can only take a portion of the compensation as payment of the services only when the lawsuit is successful and likewise will not be paid if it fails.

There are generally two types of awards extended when the class action lawsuit becomes successful: the compensatory damages and punitive damages. In compensatory damages, it is the payment made for economic losses and actual injuries. Punitive damages, on one hand, are linked with negligence and gross malice which normally the degree of award is much higher compared to compensatory damages. In this case, hiring an experienced class action lawsuit attorney will ensure that maximum awards will be received.

Through a trial or mediation that a class action lawsuit can be settled. In the process of mediation, the members of a class action lawsuit agree to settle a compensation offered by the at-fault company. If the mediation is not agreeable, then the issue will be brought before a trial. Though, members of the class action lawsuit can win the case, the company who inflicted the damage can still have the right to appeal.

Basically, this event will take years of litigation. Unluckily, the company may declare bankruptcy and cannot be forced to pay its victims. From the beginning of the case, it is crucial to seek the assistance of an experienced class action attorney who can provide advices and guidelines and can better represent the entire group.

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