William G. Schwab and Associates
811 Blakeslee Blvd. Dr. East (PA Route 443) PO Box 56 Lehighton, PA 18235
Tel 610-377-5200 Fax 610-377-5209
NEWSLETTER
Personal Injury June 26, 2016
 
Personal Injury
Bankruptcy
Business
Criminal Law
Elder Law
Estate Planning/Probate
Real Estate
 

Defective Products and Breach of Warranty

Although the public tends to trust the integrity of a product and the company that produces it, not all products ...(more)

 

Vicarious Liability Under the Doctrine of Respondeat Superior

 In general, people are not liable for the actions of others. There are, however, exceptions to this rule. One long-standing ...(more)

 

Vehicle Defects, Crashworthiness and Manufacturer Liability

The principles of product liability provide consumers with some protection against injury from defective products and a means of recovering ...(more)

 

Damages Recoverable for Injuries Affecting Quality of Life

Relatively recently, courts have begun awarding damages in certain cases for "loss of enjoyment of life," also called "hedonic damages," ...(more)

 

Personal Injury Headlines

Illinois Teen Injured in Bike Wreck Awarded $910K

Personal-injury accident investigtion leads to multiple charges for Massena pair

Walmart removes personal injury lawsuit to federal court

Anderson Hospital denies allegations in personal injury lawsuit

$5 million personal injury lawsuit against city dismissed

Advantages of a Class Action Lawsuit


A class action suit is a claim brought by one or more individuals on behalf of themselves and others with similar claims. There are several types of cases appropriate for a class action lawsuit including:

  • A mass accident - usually a single event such as an airplane crash
  • Widespread personal injuries - usually involving defective products such as tires or pharmaceuticals

How Is a Class Action Lawsuit Brought?
There are usually four steps prior to beginning a class action claim:

  1. Define the class - To define the class is to identify the individuals with similar claims who would like to participate in the class action lawsuit.
  2. Choose a representative plaintiff - Injuries or afflictions beyond that of class members is not necessary. However, the representative plaintiff should possess the ability to fairly and accurately represent the entire class.
  3. File a Statement of Claim - This is a descriptive statement about the suit that must be filed with the court.
  4. Have the claim certified as a class action - If the court certifies the Statement of Claim, the court has granted permission for the claim to proceed as a class action. After this, the lawsuit may begin.

The Advantages of a Class Action Lawsuit
There are several advantages to bringing a class action lawsuit. First, the class benefits from the perception of strength in numbers. Additionally, class actions allow individuals who might not otherwise pursue legal action an opportunity to have their grievance heard. Class actions also serve to funnel numerous possible court actions into one, thereby relieving the burden on courts.

Class action parties are usually represented by attorneys on a contingency basis, meaning the attorney will receive a portion of the settlement if awarded. If there is no settlement, there is typically no requirement of any payment of attorneys' fees by the individuals of the class.

© 2013 NextClient.com, Inc.  All rights reserved.