When you suffer an injury because of a defective product or a poor product design, you may have suffered a short-term injury, a long-term condition, or both. You may also feel like you are tackling the problem all alone.
However, it is possible that several people or even thousands of people may have suffered the same condition that you suffered because of the defective product. So if you are thinking about filing a lawsuit related to your pain and suffering for the injuries you experienced, you may find that some people already are involved in a lawsuit against the company that is responsible for the malfunctioning product.
If you have questions about how this may work, consider hiring a Long Island class action lawsuit lawyer. At Gacovino, Lake & Associates, P.C., we will be ready to give you the information you need to participate in this type of lawsuit, helping you work toward receiving a settlement that compensates you as fairly as possible. Call us at (631) 600-0000 as soon as possible for a free case review.
How the Courts Handle Class Action Lawsuits
You may have heard of the term class action lawsuit, but you may not have actually participated in one or studied how they work.
In simple terms, a class action lawsuit is one where multiple plaintiffs combine together as a group and bring a lawsuit against a negligent party. Sometimes, attorneys would file this type of lawsuit in a state court on behalf of their class of clients. Other times, it would be filed in federal court.
Rule 23 of the Federal Rules of Civil Procedure (FRCP) sets up the concept of class action lawsuits to streamline the process of filing suits in cases involving unsafe products. Without the ability to combine what otherwise would be dozens or hundreds of individual lawsuits into one suit, the courts could quickly become overwhelmed with cases like this.
When Class Action Lawsuits Are Appropriate
Before a lawsuit can proceed as a class action lawsuit, a judge must determine that the case would be appropriate for class action treatment. Some of the items a judge would consider before creating a legal status for a group that allows a class action lawsuit include:
- The class of plaintiffs must have a similar argument.
- The plaintiffs must have suffered similar types of severities of injuries.
- It must be relatively easy to identify everyone who could be part of the class, even those who may not be part of the class action initially.
- Creating a class action lawsuit must not create a negative situation for a plaintiff versus filing the suit individually.
Understandably, some of these rules can be confusing for victims to understand. If so, we are ready to answer your questions with a free consultation. Contact Gacovino, Lake & Associates, P.C. at (631) 600-0000 today about your case. As a Long Island class action lawsuit lawyer, we are ready to begin securing your rights to pursue compensation in your case.
Types of Situations that Often Result in Class Action Lawsuits
Certain types of cases tend to lend themselves to class action lawsuits more frequently than others. It is possible that your lawyer may tell you that a class action lawsuit already exists when you contact him or her about a personal injury case that you have.
Other times, your lawsuit may be one of the earliest ones that result in a class action lawsuit. Either way, your attorney will be ready to help you with all of the steps required to become part of the class in this type of lawsuit.
If a company does not perform the proper testing on a product or knowingly releases a product that has defects that make it potentially dangerous for consumers, the product could cause hundreds or thousands of people to become injured or ill.
A product that is known to overheat and cause fires could create burns or property loss for many people, for example, meaning they deserve compensation for their losses.
Unfair Debt Collection
If a debt collection company is found to be violating the FTC’s Fair Debt Collection Practices Act (FDCPA), this could lead to a class action lawsuit from the victims.
Unsafe Medical Devices or Medications
Sometimes, a drug or medical device manufacturer may rush a product through the testing phase, meaning it does not catch all of the potential side effects or health concerns a product could potentially cause.
The U.S. Food and Drug Administration (FDA) maintains a list of recalls and safety alerts for medical products. If a manufacturer ends up on this list, it could be subject to a class action lawsuit for the unsafe medical product.
If a manufacturer or government agency causes significant harm to the environment through carelessness or a failure to anticipate the consequences of actions, and this harm affects businesses and residents in the area, these victims have the right to file a class action lawsuit.
Environmental disasters could encompass items that include:
- Oil spills
- Chemical spills
- Contamination of water sources
- Burial of unsafe materials
Let Us Help You Defend Your Rights as a Consumer
Although it can seem daunting to become part of a class action lawsuit, you should not feel intimidated by starting this process. Even if you do not think you want to undertake this process to protect yourself, by becoming part of a class action lawsuit, you can take steps to ensure other people do not suffer the same problems that you did by holding the company responsible for its actions.
Consumers should not have to put up with unsafe products, and manufacturers should take the steps needed to ensure they are only selling items that are safe. One of the reasons to file a class action lawsuit is to make certain that corporations are undertaking the testing methods they should to only allow safe products to reach the market.
A Long Island class action lawsuit lawyer with Gacovino, Lake & Associates, P.C. is ready to help you determine a way forward. We are ready to help you with your case. For a free case review, contact us at (631) 600-0000 today.