Class Action Finder

Frequently asked questions about the basics of class action lawsuits

Q: What is a class action lawsuit?
A: A class action suit is a civil law suit brought forward by one or more individuals on behalf of a large group to seek compensation for a common wrong or injury.

One person’s injury may not be enough to support the huge expense of a lawsuit. But if there are a sufficient number of people in a class action, the wrongdoer will have to pay out a much more significant settlement for the combined harm caused.

In the United States, class action suits are allowed in federal and most state courts. These type of suits have stood out in civil-rights litigation and even brought to the fore social and economic reform. From harmful products to securities fraud, class action suits cover a wide range of topics.

Q: What are plaintiff class actions?
A:Most class actions are as such because the people suing are referred to as the plaintiffs. But in rare cases, a class action can be filed against one or more parties, which are really a group of defendants. This would be then labeled as a defendant class action.

Q: What is a lead plaintiff in a class action?
A: A lead plaintiff is one or more people chosen by the court to act as the representative of the class action.

Q: What is “commonality”?
A: Commonality is a legal term for the nature of the claim made by the plaintiff on behalf the class representatives. A judge has to decide if this claim comes from facts or law common to all the class members.

Q: What is a “class period”?
A: The class period is the period of time during which the alleged wrongdoing or injury took place.

Q: How do you know if your case has the potential of becoming a class action?
A: There must be a significant number of injured persons in a class action, where as individuals, it is not practical to make their own claims. Unfortunately, there is no fixed number, as this depends on the nature of the case.

There also has to be common facts or damages experienced by the class members pertaining to the claim, which is referred to as commonality. The representatives’ (also called the lead plaintiffs) claims must be similar to those they are representing in the class action. The claims need not be identical, and in legal jargon, it is called “typicality”. Lastly, the lead plaintiffs should sue in the interests of the class members and not just for their own cause at the detriment of the other members.

Q: How long does a class action take to conclude?
A: A typical class action case takes about two to four years from the time that the initial injury claim is filed until it is closed.