Have you ever found yourself in a situation where you need to take legal action against a person or company due to damages you received? You may wonder if it’s better to file an individual lawsuit or join a class action lawsuit with others who have also been harmed. In this article, we’ll give you a comprehensive guide on when it’s better to participate in a class action lawsuit and when to choose an individual lawsuit.
The Basics
Before discussing the differences between class action and individual lawsuits, it’s essential to understand the basics. An individual suit is a legal case where one person files a complaint against another person or organization to seek compensation for damages they suffered. On the other hand, a class action lawsuit is when groups of people with similar injuries or damages file a joint lawsuit against the same person or company.
Class Action Lawsuits
Class action lawsuits can be more beneficial for plaintiffs than individual lawsuits because they provide them with a collective voice that can garner more attention and resources. A class action can be filed when the same alleged harm has been caused to many people and when individual lawsuits are not practical, economical, or even possible.
Medical Malpractice Suits
One specific case worth mentioning is lawsuits governing medical malpractice. Medical malpractice lawsuits are typically individual suits because medical cases are very fact-specific, and it could be challenging to prove a medical professional was responsible for a patient’s injury. For example, some cases are so specific as to call for a brachial plexus birth injury attorney due to how regularly the brachial plexus can be damaged during birth when physicians aren’t properly trained. However, there are cases where many people may have been affected by a specific medical product, such as a medication or medical device found to be harmful. In such instances, plaintiffs should join or form a class action lawsuit.
Strength in Numbers
Another reason a class action may be more advantageous is that litigation can be very costly, not just in terms of time and money but also mentally and emotionally. By joining a class action, plaintiffs can share legal fees and expenses with other plaintiffs. Additionally, plaintiffs in a class action lawsuit don’t have to worry about negotiating with defendants since lawyers take care of these matters for them.
In conclusion, class action lawsuits can be an excellent way for plaintiffs to seek justice and compensation when harmed by a person or organization. These suits are typically beneficial when a specific cause or issue has hurt a large group. An excellent example is when a harmful product is released into the market that can affect thousands of people. Ultimately, whether you file an individual lawsuit or join a class action lawsuit will depend on the specifics of your case and your unique situation. Make sure to consult with an experienced attorney to determine the best way to proceed.
Meghan Belnap is a freelance writer who enjoys spending time with her family. She loves being outdoors and exploring new opportunities whenever they arise. Meghan finds happiness in researching new topics that help to expand her horizons. You can often find her buried in a good book or out looking for an adventure. You can connect with her on Facebook right here and Twitter right here.
