Major manufacturers, lending institutions, pharmaceutical companies are all supposed to work in your best interest. Our society works on the assumption that they act in good faith, honestly and ethically. Sometimes they do not. You are not alone if you or a loved one have been damaged or hurt by a major corporation. Because so many people were undoubtedly affected like you, there is a good chance your dispute could be resolved in a Class Action Lawsuit.
If you or a loved one has been injured by a major corporation or company’s negligence, contact a Class Action Lawsuit Attorney at John Foy & Associates at 404-400-4000. We’re one of Atlanta’s largest personal injury law firms, and we are dedicated to helping anyone who has been injured by someone else’s negligence.
What is a class action lawsuit?
A class action suit allows people who have been injured by the same party, whether it is a manufacturer, lender or business to file a suit for the entire “class” of plaintiffs. Generally the judge appoints a major law firm to represent the clients. Class Action Lawsuits are designed to help people from every income level pool their resources and go up against a formidable adversary.
As personal injury attorneys, we see many people who have been injured by dangerous and defective drug recalls and defective medical devices. The Federal Drug Administration approves thousands of treatments a year. Physicians and patients must take these test results on face value, but devastating results may not show up for years after testing. Class action lawsuits not only bring attention to a public problem, but they help compensate for the victims’ suffering.
How do I start or join a class action lawsuit?
If you or a loved one would like to start a class action suit, we urge you to contact an experienced Class Action Lawsuit Attorney. You have the right to represent yourself in court as an attorney, but you cannot represent other people, and presumably a class action lawsuit would involve others. You should also contact a Class Action Lawsuit Attorney if you would like to join a suit in progress even though one law firm fights the case in court, your own attorney can make sure your interests are properly represented and that you get your fair share of a settlement.
Our Class Action Lawsuit Attorneys at John Foy & Associates work closely with other law firms and make sure our clients are well represented. Often these cases are heard in other states or federal courts.
Be wary of any attorney who wants upfront fees or who wants separate payments from the main legal team fighting your case. Class Action Lawsuit fees come out of a shared fund that the court has set up. If there is no settlement, these firms are supposed to absorb the costs of the case, says our firm founder John Foy.
How many people do you need to file a class action lawsuit?
There is no set number of plaintiffs required to start a class action suit in Georgia. Each state has different rules. Most class action lawsuits take place in federal courts. And technically in the federal courts, a class action lawsuit can be filed with just one plaintiff, as long as the attorney has good reason to believe that there are many people who have been injured in the same way.
What are the requirements of a class action lawsuit?
The requirements of a class action lawsuit are that there be reasonable evidence that a group of unrelated people have been injured by the same event, product or a pattern of treatment. The court must rule that there are so many plaintiffs that it would be impractical for each of them to file a case against the same party. The court must also rule that the lead attorneys and the “representative plaintiff” will fairly represent all the interests in the class of plaintiffs.
You have the ability to “opt out” of a class action lawsuit and choose to file a separate claim against the defendant. We urge you not to do this before contacting an experienced and ethical Class Action attorney. If you have any questions about this process, please contact our Class Action Lawsuit Attorneys at John Foy & Associates at 404-400-4000.
What are the different types of class action lawsuits?
There can be any number of types of class action lawsuits, but the general categories tend to be:
- Consumer Class Action–These cases tend to involve a violation of the Consumer Protection Law, with such actions as consumer fraud, illegal charges, and unfair practices.
- Product Liability/Personal Injury—These are very common kinds of cases concerning defective drugs and medical devices, poorly manufactured cars, toxic spills, and actions that affect a group of people.
- Securities Class Action—These are lawsuits brought by investors who have bought or sold a companies securities and have been economically damaged.
- Employment Class Action—Groups of employees may file a class action suit if they think they have been uniformly damaged by a company’s actions.
What is a lead plaintiff in a class action lawsuit?
The lead plaintiff in a class action lawsuit is often called the “representative plaintiff.” This person, or persons, best represents what happened to all who have been damaged by the defendant and is chosen by the lead attorney.
Is there a statute of limitations in a class action lawsuit?
The statute of limitations in a class action lawsuit can be quite complicated. Generally in a personal injury lawsuit, you have two years from an incident to file a claim. However, sometimes you don’t even know you’ve been injured until years later. A good example is the ongoing asbestos claims against manufacturers. For years, many builders, roofers, shipbuilders, miners and more were exposed to great health risks in the common uses of asbestos. These victims and their families are still eligible for compensation for their exposure.
An experienced Class Action Attorney can advise you if you still have time to join or begin a class action lawsuit. Contact John Foy & Associates at 404-400-4000 for a timely evaluation.
What is the difference between a class action lawsuit vs. mass tort lawsuit?
In a class action lawsuit, multiple plaintiffs are represented in one case by technically one firm. Each plaintiff may have an attorney who works with that firm. In a mass tort lawsuit, one attorney or a pool of attorneys represent multiple consumers in individual cases. This is usually the case for Defective Medical Devices or Dangerous and Defective Drug Recalls as consumers will have multiple reactions to the same products.
A class action lawsuit is actually a form of a mass tort lawsuit. Both types of lawsuits are very complicated and because so many plaintiffs are involved, it can be difficult to assign settlements. That is why it is crucial to have an experienced Class Action Lawsuit Attorney by your side.
What is a class action lawsuit rebate?
You may have received a class action lawsuit rebate in the mail. This is usually a small amount of money or a coupon that is part of a larger settlement. This may mean a coupon to buy a brand of makeup or a $20 check from a manufacturer that illegally labeled a product “natural.”
What can I recover in a class action lawsuit?
In a class action lawsuit, the court sets up a fund from a settlement. It then uses a matrix to decide how much to award each plaintiff. If you have your own attorney throughout the process, that attorney will assure that you are properly paid. Our attorneys will help you calculate your personal losses from the injuries and fight for your fair share.
Why do I need a class action lawsuit attorney?
Class action lawsuits are the great equalizers in court, says firm founder John Foy. They are designed to allow the small and powerless have an equal chance when going up against a large adversary with boundless resources and attorneys. Even so, in a class action lawsuit, you are one of many plaintiffs. The cases take much longer to resolve than normal personal injury claims. A Class Action Lawsuit Attorney will take over the responsibilities of the case for you.
How can John Foy & Associates help me in a class action lawsuit?
John Foy & Associates only practices one type of law—personal injury. That means protecting people like you. For more than 20 years, we’ve helped people who have been injured by someone else’s negligence. You may only be involved in a Class Action Lawsuit once in your life. Let our experienced attorneys help you. We’ll take care of the details and stay abreast of the case, while you get back to recovering from whatever damages have been caused.
You only get one chance at recovery. Give John Foy & Associates a call at 404-400-4000 for a free evaluation.