Friday, February 26, 2016

Class Action Lawsuits

Class action lawsuits almost always seem like a good idea on paper and in thought. In reality however class action lawsuits are often useless or result in pyrrhic victories. Moreover these lawsuits can last years, sometimes longer and the payouts for victims are often insignificant. As such many attorneys and those who want to litigate give pause to consider all of the pros and cons of class action lawsuits.

The Pros


Cost - The financial cost of litigation often keeps victims from pursuing or following through with a lawsuit. The cots of a class action lawsuit are split evenly between the class members. Moreover this type of litigation costs these persons nothing up front and then pay only if their attorney wins or settles the case.

Strength In Numbers - Large numbers of people, especially angry victims, is intimidating. With a large group of people behind or supporting a lawsuit companies and attorneys are often happy to settle out of court quickly.

Extended Limitations - In a class action lawsuit, plaintiffs are given a great deal more time to join and take part in the lawsuit. This is a fantastic work around for the Statute of Limitations.

Higher Chance Of Payout - In class action lawsuits plaintiffs are more likely to receive compensation and receive it quickly, even if it's a smaller amount. This is because payouts are often more manageable for defendants.

The Cons


Not Your Call - In class action lawsuits only the representing attorney has the power to make decisions regarding the lawsuit. Some find this lack of control frustrating.

Patience, Patience, Patience - Generally speaking class action lawsuits take far longer to complete than do private lawsuits. Plaintiff’s may have to wait years before a verdict is reached and even longer before they receive any compensation.

Pain And Suffering? - Class action lawsuits do not allow plaintiff’s to sue for additional damages such as pain and suffering. Furthermore compensation is often limited to rebates and at best, financial damages.

No Private Claims Allowed - If a class action lawsuit is unsuccessful the individuals involved are prohibited from filing personal lawsuits. This often causes more hesitation amongst victims than anything else.

Personal Injury Attorney Orange County

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