Setting the Legal Gears in Motion: 5 Steps Needed to Start a Class Action Lawsuit

Posted February 24, 2020 by in Lifestyle
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Claimants who sustained injuries due to negligence or the fault of others file lawsuits against the individual that caused the injuries. When there are multiple litigants, a class-action lawsuit helps all claimants present their case to the court. The action might improve the odds of a win because there are multiple individuals with the same claim.

Victims who sustained injuries review the 5 steps needed to start a class-action lawsuit:

  1. Get All Facts Straight

The representation of facts must be accurate for all litigants. It is vital for all details to match the statements of the litigants and provide a timeline for the event or events that caused the injuries. Even a small mistake of fact might lead to a dismissal of the lawsuit or encourage the jury to rule in favor of the defendant.

Attorneys create documentation of the injuries, including how the injuries occurred, when they occurred, and who caused the injuries. Litigants who want to start a lawsuit can contact a class action lawyer right now.

  1. Find Other Victims

Finding other victims helps the attorneys build the class action lawsuit. For example, when multiple victims were injured by the same product, there is a possibility of a class-action lawsuit. The claims require several litigants to present a claim against the same party for damages. In this instance, the product manufacturer would be the defendant, and the litigants are consumers who purchased the product and sustained injuries.

Attorneys create a press release and ads to find other consumers who were injured. A class-action lawsuit against a manufacturer is more viable in some instances if the product was recalled by the Consumer Rights Protection Agency. After a product recall, attorneys reach out to the public and determine if more than one consumer sustained injuries.

  1. Concrete Evidence for All Cases

Securing concrete medical evidence supports the claim more effectively. For example, product liability cases are more substantial if the victims have medical records explaining the injuries and how the injuries occurred. The records link the patients’ injuries to the product and substantiate the litigants’ claims.

Forensic testing offers more substantial proof that the product caused the injuries. The findings pinpoint the exact actions of the victim and present the proof in court. Attorneys use forensic scientists to collect evidence and substantiate legal claims. Proving that the product caused the injuries is the key to an effective legal case.

  1. Proving a Financial Loss

Proving a financial loss helps the claimants present their losses to the court. Economic losses include the price of the product, medical expenses, and lost wages. In medical malpractice cases, the litigants could receive punitive damages for the patient. Attorneys calculate the financial losses for all litigants who have a viable claim against the defendant.

  1. Securing Witnesses for the Case

Securing witnesses for the case improves the chances of a win. Witnesses that saw the claimants sustain the injuries provide support for the case. Attorneys depose the witnesses and collect their testimonies. Witnesses testify in court and explain what they saw.

Claimants start a class-action lawsuit when each party has the same claim against one party. When starting a class-action lawsuit, attorneys collect information for each litigant and evidence to support the claims. An effective class-action lawsuit is possible if all claimants work together and create an effective case.