A class action lawsuit is a type of lawsuit filed by a group of people who have been hurt in the same or similar ways. The group is called a “class,” and the person or people being sued are called “defendants.”
Most of the time, class action lawsuits are brought against businesses or groups, but sometimes they are brought against individuals. In a class action lawsuit, the person or organization being sued (the “defendant”) is usually accused of doing something wrong that hurt the plaintiffs (the people who are filing the lawsuit).
Steps To File A Class Action Lawsuit
- Finding a lawyer to take your case is the first step in filing a class action lawsuit. You can find a lawyer by calling the bar association in your state or town. You can also search online for a lawyer. Once you’ve found a lawyer, you should make an appointment to discuss your case.
- The next step is to file a “class action complaint” after you find a lawyer. This is a document that lists what you think the defendant did wrong. In the complaint, you will also say who you are suing and what you want.
- The court will “certify” the class after the complaint is filed. This means that the court will decide if the plaintiffs have enough in common to allow them to file a class action lawsuit. If the court says the group is a class, the plaintiffs can move forward with their case.
- ”Discovery” is the next step if the court says the group is a class. This is where the people on both sides share information and papers about the case. The plaintiffs will use discovery to show that the defendant is guilty of what they said.
- After “discovery” is done, “motions” are the next step. These legal papers ask the court to decide on a certain matter. For example, the plaintiffs may ask the court to decide that the defendant is responsible for their injuries.
- If the court agrees with the plaintiffs, there will be a “trial.” This is when both sides show the judge or jury their proof and arguments. The judge or jury will decide at the end of the trial if the defendant is to blame for the plaintiff’s injuries.
- Damages are the next step if the judge or jury decides that the defendant is responsible. This is where the people suing the defendant will try to show how much money they should give them. The plaintiffs will show the judge or jury proof of how they were hurt and how much they lost.
- The judge or jury will give a “verdict” after the damages phase is over. This is how much money they think the defendant should pay the plaintiffs. If the plaintiffs are given compensation.
- The last step is to “make the verdict stick.” This means that the people who won will try to get the money from the person who lost. Sometimes, the people who owe money must go to court to get it. The defendant will sometimes pay the plaintiffs on their own.
Conclusion
Garcia and Phan focus on representing people in-group lawsuits. If a company or person hurt you, we can help you file a class action lawsuit. We have a team of experienced lawyers who can help you through every step of the process. Contact us today at (714) 586-8298 for a free consultation.