A class action allows multiple individuals to file for a similar claim for damages suffered. One person or a few people who have experienced the same harm may bring the civil lawsuit on behalf of the others. In California, this mostly happens in violation of employment laws, among others. If you have suffered from a collective loss against your employer, you can look for class action lawsuit lawyers in California.
How Class Action Lawsuits Becomes Effective
For any case to qualify for a class-action lawsuit, the lead plaintiff must be a part of the group that has suffered damages. Again several steps must be followed for a class to be certified. They include:
- Filing of claim:There must be a legal claim against the accused filed by the lead plaintiff on behalf of the class. The lead plaintiff claims must be similar to the other class members. He/she must then request the court to certify the class.
- Potential claimants:A large group must have been injured similarly. This ensures claims are handled efficiently as one case. For instance, if people have suffered different employment violations from their employer, a class action certification may be denied.
- Conflict of interest:There must be no conflict between the representative plaintiff and other members of the class. For instance, if the lead individual is seeking compensation and, at the same time accepting coupons from other members, he/she may not be the right person to represent the class.
- Subclasses designation:If some members of the class have different interests other than the interest of the class, subclasses may be allowed.
- Members of the class must be notified:The court orders that this be done through either mailing or any other method. Every member who has suffered damages is part of the case unless he/she chooses to opt-out of the class.
Once recovery is made, it must be divided among all the plaintiffs, excluding the court costs and the lawyer’s fees. To get a class certified, the judge must have some discretion to look at the arguments for and against the class. If the class is not certified, the case is dismissed. Alternatively, if it becomes certifies, the case moves to pre-trial procedures.
The Hiring Of Class Action Lawyers
If you have suffered from employee violations that are common to other people, you may want to start a class action lawsuit and represent the interests of other victims. You can only do so by looking for the best class action lawyer who is experienced. The lead plaintiff is the only one who communicates with the class-action lawyer. He/she is supposed to file the class action lawsuit and also accept or reject offers on behalf of the class. Though the lead plaintiff enters into an agreement with the class action lawyer, he/she can’t take any monetary risk for the class. Class action lawyers are the only people who are better equipped to represent large numbers of employees who are facing injustice from their employers.