When organizations commit crimes, omit important consumer information, or violate the rights of others, dozens, hundreds, or even thousands of people can be harmed. It may seem like justice is unattainable when standing up against a giant corporation, but you have the power of people on your side.
When similar complaints are expressed by a relatively large number of people, you can turn the tables on big business. A class action lawsuit provides the tools for regular people to stand together and be heard in a court of law when an organization’s wrongdoings have caused them harm.
The class action lawyers in Englewood at Morelli Law Firm are experienced attorneys who are ready to help you file a class action lawsuit in Englewood, New Jersey.
Class Action Certification in New Jersey
The first step in filing a class action lawsuit is having your group of peers certified as a class. Your attorney can help to guide you through this critical process. Essentially, the lawyer petitions the court to grant you class certification by arguing that your case meets four critical elements that comprise a class in the eyes of the law.
When a big company or other large organization realizes that people have begun to organize and act, they have excellent motivation to fight tooth and nail against it. Preventing a class action suit is their primary goal for many reasons, not the least of which is to save money in litigation fees and damages for their employers.
This presents a pretty big challenge in some cases. However, with the right set of circumstances and a seasoned attorney to represent you in court, a certification can be made when four requirements are met:
Numerosity – How Many People Have This Complaint?
The more people involved, the better off your chances are. This number is not set in stone, but over a few dozen is usually enough to begin with. Many cases begin small and then snowball as the word spreads, so don’t be discouraged if you have only a few people to begin with.
Commonality – Is There a Common Question?
General allegations do not create commonality in a case like this. You must have a specific complaint that matches the complaints of the other plaintiffs. A skilled Englewood attorney with class action experience will be able to advise you how to proceed and argue in court for this trait if necessary.
Typicality – Is the Complaint Typical of the Whole Group?
If everyone in the class has a typical complaint of wrongdoing, and their harm resulted from the same behavior or cause, typicality can be established. If you are pursuing a class action suit, you must be prepared to fight for the interests of everyone involved, and not just your own.
Adequacy of Representation – Do the Primary Plaintiff and the Attorney Measure Up?
Your attorney must be determined to be competent and have the financial resources to endure a class action trial. They must be willing to defend you vigorously, and exhibit no conflicts of interest. The members of the class must also have no conflicts of interest. This is generally the easiest of the four requirements to prove.
The judge will hear all the facts about these four qualifications to determine whether or not to certify your class. Once that has been established, you can move on to the next step on the legal path.
Find Out if a Class Action Lawsuit Is Right for You
If many people are harmed by the same entity, a class action suit may be warranted. The advantages to civil proceedings of this kind can save money, time, and rectify a problem while compensating large numbers of people. An Englewood class action attorney will know the different ways to pursue justice and will examine these factors to advise you appropriately.
Englewood Class Action Lawyer Near Me 877-751-9800
Pros of Class Actions
When you are armed with the facts, it is easier to determine whether to spend your energies in the pursuit of class action litigation to find a remedy for your problem. Here are the benefits of filing a class action suit:
Likelihood of a Positive Outcome
It’s always more difficult to prove groups of people wrong, especially when they all have the same complaint.Having sheer numbers on your side gives you the advantage over the defendant.
Action can usually be assured when you address a problem with this kind of litigation, and many times it results in financial or other compensation for all the plaintiffs involved. Past consumer class action lawsuits have resulted in sweeping changes in the regulation of entire industries, so don’t doubt the power of your voice.
Cost of Litigation Is Contained
Paying for attorney fees in a case of this magnitude can be very expensive. Cost is contained when the litigation fees are split between the masses, or when the attorney is successful in adding fees to the final settlement.
Little to no out of pocket charges will be incurred in most cases. Contingency is generally the rule rather than the exception when it comes to class action lawyers, so nothing is paid until the case is won.
Time Is Saved
The filing of a class action suit against an organization results in the public taking notice, the stakeholders taking notice, and especially the attorneys taking notice. Simply bringing attention to a matter in some cases can result in rapid changes to the procedures that caused the problem.
Even if litigation proceeds, class actions are moved up on the docket, whereas individual suits could take dozens of years to be heard if everyone tried to file on their own.
Cons of Class Actions
Joining a class action suit has its drawbacks. Several reasons a class action lawyer may deter you from the pursuit of a class action suit in Englewood involve financial practicality.
Here are the reasons you might avoid a class action when deciding what legal course is appropriate for you.
- Time: If you want more immediate compensation for your case, individual lawsuits may be the way to go. Even though class actions appear in court faster, you could probably file a case before the class could even be organized.
- Compensation: You may not get what your damages are worth. This type of litigation is not appropriate if your losses or injuries were particularly large. The compensation offered by a class action suit is generally minimal because it is spread evenly among the class with the exception of the primary plaintiff, who may receive a slightly larger share.
- You get only one shot: When you agree to join class action suits, you don’t get to change your mind at the end of the case and file your own lawsuit. Your rights are waived to any further action against the defendant in question, so be certain of your choice.
It is important to note that you may withdraw from the class at any time before it is concluded or settled in order to pursue your own individual rights. It is practical at times to avoid the hard work and cost of individual litigation. However, you will not be able to have your story heard or receive the individualized compensation you might deserve.
Class Action Attorneys Can Advise You
If your losses are considerably larger than the rest of the class, contact a class action lawyer in Englewood, NJ, to discuss other legal options such as mass tort or personal injury filings. Any attorney will understand the various legal avenues available and what is the most beneficial for a case like yours.
Filing class action cases and pursuing them to the finish is a complex undertaking. Strict deadlines and specific requirements must be adhered to or you could lose your right to compensation. A class action lawyer ensures that deadlines are met and your claims are preserved.
Call Today to Learn More About Class Action Lawsuits and Schedule a Free Case Evaluation
Morelli Law Firm’s world-class attorneys have decades of combined legal experience in product liability, class action, mass tort, and discrimination law. Over $1 billion in compensation has been delivered to our deserving clients. Our commitment to helping those injured or taken advantage of by big business is unwavering, and we are ready to fight for you.
Our Englewood class action lawyers are skilled litigation techniques and can help you find the best and strongest representatives of your class. We’ll represent you in court and provide you with representation for your hearing. Your voice deserves to be heard. Call us for more information and a free case evaluation.