A class action is a civil claim brought forward by one or more individuals who are part of a larger group of people referred to as “class members”, and who have been mutually wronged by a neglectful party or parties. The purpose of a class action is to resolve common, or even similar claims, through a single lawsuit rather than spreading the verdict, time and energy over multiple individual suits that could lead to inconsistent results.
The main goal of class proceedings is to provide access and opportunity for those who have been wronged to seek justice, but are not able to individually pursue legal actions, either because of a lack of available funds to do so or because of the risk-reward-ratio involved in a suit. Through a class action, these individuals are provided with the opportunity to seek legal resolution for the alleged damages they have experienced as a result of the negligence of another person or entity.
A class action’s outcome is important not only for the class members, but also for society at large. This type of lawsuit goes beyond the goal of justice for the class members, and can actually correct or alter damaging behaviour by individuals, corporations and institutions.
Our Class Actions
Class ActionGluckstein Lawyers has commenced a proposed class-action personal injury lawsuit alleging that the negligent design of the ExploR Modular Radial Head System medical device used in elbow surgeries acro...Read More
Class Action FAQs
How can Gluckstein Personal Injury Lawyers help with your class action or mass tort?
Class action lawsuits are lengthy and complicated. The most important objective of a class action is to help individuals pursue legal action against large entities, such as corporations or governments that have deep pockets and access to resources. By joining a class action, individuals are provided with an opportunity to seek a legal remedy for the alleged damages. The appeal for members who join a class proceeding may owe to the overwhelming importance of the issues in dispute.
There is nothing you have to do directly to join a class action. A court order defines the class action, and if you fall within the definition which is set by the court, you are automatically included, unless you decide you do not wish to participate in the suit.
If you would like to preserve your right to pursue an individual case, you must opt-out of the class action. There will be a limited window of time for you to opt-out, which will be indicated in the certification order, which is sent out after the proceeding is certified. However, be aware that once you have opted out, you are no longer entitled to any settlement, which may be given if the case is resolved.
What is a Class Action Lawsuit?
A class action is a type of civil claim brought by one or more individuals on behalf of a larger group, made up of class members.
Class action lawsuits are common where the same party injures a group of people in the same way.The interests of the group are represented by one individual known as the “class representative.” The class is treated as a group that was injured, rather than a group of individuals that were injured. Rather than having each person bring his or her own lawsuit, a class action allows the group to collectively sue the at-fault party to resolve the claims in a single legal proceeding.
Class action lawsuits provide an efficient way to litigate common issues. They can focus on multiple areas of law, including personal injury and product liability. By creating a group or class, class action lawsuits create power in numbers. A class action is a way to equalize the playing field against a large entity, and Gluckstein Personal Injury Lawyers is committed to advocating on your behalf.
Do I have a choice in whether I participate in the Class Action?
If the court decides that you fall within the definition of the alleged wronged parties who were affected by the negligence of a defendant(s), you are automatically considered to be in the Class Action. That said, you have the right to opt out of the Class Action if you choose to do so. There will be a limited period of time for you to opt out, and this will be indicated in the certification order sent out after the proceeding is officially certified by the court.
However, be aware that once you opt out, you are no longer entitled to be included in any settlement given to class members if the case is resolved.
How can I protect myself and my rights during the Class Action process?
While the suit is in progress, it is in your best interests to keep records any and all information and correspondence for the suit. We also advise that you keep records and appropriate documents which indicate any additional costs you have incurred as a result of your injury.
We also suggest that you do not have any further correspondence with the defendant(s) in the suit without first consulting your legal representative.
Do I need to pay any fees to join a Class Action?There are generally no costs to our clients throughout the course of the suit’s litigation. We carry any associated costs throughout litigation. When the suit is resolved either through settlement or trial, our firm receives a fraction of the settlement to cover the costs we incurred during the process to reach resolution. This will be clearly explained by our lawyers during your initial consultation with us.
What do I have to do to join a Class Action?
You don’t have to do anything directly to join a Class Action. The nature of the suit and the requirements for class membership are defined by a court order, and if you fall within the definition which is approved by the court, you are automatically included, unless you choose to not be involved in the suit or decide to pursue legal action on your own.
There may be a need for you to provide certain information if the Class Action is resolved in your favour, in order for you to receive your portion of the settlement.