What is a class action lawsuit?

David Cates is a seasoned trial attorney who has handled complicated class action and mass torts lawsuits. He explains more about this legal proceeding in this blog post.

A class action lawsuit can involve a dozen to millions of people who have the same complaint against an organization or an individual. These people may have experienced the same type of injury or harm from the defendant. Instead of filing similar claims individually, the plaintiffs can gather and form a class.

According to David Cates, in a class action lawsuit, a small group or an individual must take on the role of the class representative. This person or group will speak for the others when it comes to describing details regarding the case. They will be named the plaintiff and will take the lead when discussing the case, including settlements. Even if there are many people represented, they are the ones who have the authority to negotiate agreements on settlements.

On the other hand, the class is the group that has been affected by the defendant's negligent and harmful actions. For those who will find themselves part of a class action lawsuit, they must all have similar claims like the others building upon the argument that many were affected by the defendant's actions. If the class receives compensation, every individual involved will receive their share. However, accepting to be part of the class forfeits an individual's right to file their own lawsuit. Seeking a lawyer's expertise can help a member of the class weigh their options before deciding to be part of the proceedings.

Expert trial lawyer David Cates handles nationally recognized complex personal injury cases, including class action and mass torts lawsuits, as well as employment discrimination and civil rights cases. He received his undergraduate degree from Vanderbilt University and was awarded his Juris Doctor from Loyola University in Chicago, Illinois. For related posts, visit this blog.