When a company harms an abundance of innocent people, the courts tend to listen. You can get results with big numbers. But no matter how big and powerful the organization appears to be, it will have a much harder time proving multiple people wrong. Filing a consumer class action lawsuit may be the answer, and Morelli Law Firm can help you know where to begin.
Anyone can file a class action as long as they have a valid complaint, but the civil law system in New York is exceptionally complex. Filing deadlines and requirements are strict, case law is complicated, and failing to meet these stringent rules can result in loss of compensation. Working with a New Rochelle class action attorney ensures that your claims are preserved.
Class Action Lawsuit FAQ
What is a class action lawsuit? Is my case eligible for class action certification? How much does a class action suit cost? You may have many questions when you are considering whether a class action suit is appropriate for your situation. When dozens, hundreds, or even thousands of people are potentially being harmed, filing can be a big undertaking.
The good news is while you don’t have the financial resources to go after a corporation’s legal army, you have the power of people on your side. The magic of a class action suit comes from the strength of sheer numbers. When you’ve become the victim of a corporation’s negligence or greed, you can get in touch with a class action lawyer in New Rochelle within days of the event.
Before pursuing a class action suit in New York, it is necessary to find the right class action attorney for your situation, appoint a primary plaintiff, and stand before the court to have your case class action certified. Once all that has happened, the real work begins.
Here is more information to break down each step of your legal journey.
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What Is the Primary Plaintiff in a Class Action?
The primary plaintiff usually begins the suit; however, the primary can be anyone you and your peers agree upon when it comes time to choose. The position of the primary plaintiff can be somewhat demanding of your time. You must be able to commit to being deposed, presenting evidence, attending hearings, and participating overall in the case.
The primary will often be entitled to a larger share of the compensation in a class action settlement or award. There can be more than one person named as the primary plaintiffs. In more significant cases, there are often several people.
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How Do I Get Certification for a Class Action Suit?
When people begin to organize and take action on suing a large corporation, their attorneys have good reason to fight against your certification. This can make obtaining class action certification somewhat challenging. But first, the court will consider whether or not the requirements appear to be met.
Your lawyer will stand before the court to petition that you and your peers have a valid case legally and that enough people were harmed to constitute a class action. Further, the complaint must be common in nature to all the plaintiffs, and the lead plaintiff should represent all of them fairly and adequately.
The things you need to prove for certification in legal terms are: numerosity, commonality, typicality, and adequacy of representation.
Numerosity: Do We Have Enough People to Certify a Class Action?
The judge must see that enough people were affected by the defendant’s actions to certify the class. There is no hard and fast number of people established by law. However, having more is better. If there are less than a few dozen, a judge is not likely to approve the certification.
In exceptional cases, your New Rochelle class action attorney can petition the court if your numbers are small, but the case warrants it.
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Commonality: Does Everyone Need to Have the Same Injury or Complaint in a Class Action Lawsuit?
There must be a common question established that pertains to everyone in the class. If the injuries to everyone are wildly different, it’s probably not an appropriate scenario for a class action. However, if it is an issue, a skilled class action attorney can argue the commonality of your complaint to convince the court.
Typicality: How Do I Establish Typicality for a Class Certification?
Typicality means that your interests match the interests of everyone in the class. In other words, while you are pursuing a claim for your own interests, you are advancing the interests of your peers. All plaintiffs in the class need to have complaints that resulted from the same behavior or situation that created their problem.
Adequacy of Representation: Are There Any Conflicts? Is My Attorney Prepared?
You must have an attorney who is competent and prepared to fight vigorously for your interests. In addition, adequate funding must be available to pursue the action in trial.
Adequacy of representation is usually one of the easier requirements to meet, as long as there are no conflicts of interest regarding the plaintiff or the New Rochelle class action attorney and the case itself.
As long as it can be determined that the legal action is in the pursuit of justice and that there are enough similarities between the parties to outweigh differences, the court will approve the certification.
What Does It Cost to Hire a Lawyer for a Class Action Lawsuit?
If there are any questions about fee structure, a good law firm should be happy to discuss any concerns you may have. Typically, lawyers who work on contingency receive 25-35% of the settlement value. However, higher fees may be charged for a more complex case.
There is no cost upfront for our class action lawyers in New Rochelle. If the plaintiff secures a settlement or wins the class action, legal fees are usually part of their award. The plaintiff owes nothing if the case is lost.
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When a corporation violates consumer protection laws and the rights of consumers or employees, they can be held accountable. With the help of our New Rochelle class action attorneys, you can fight against defective and dangerous products, corporate fraud, scams, or discriminatory practices.
A lawyer skilled in class action lawsuits will investigate to find the strongest representatives for the suit, and provide guidance and legal representation for the entire hearing. The team of Morelli Law fights aggressively for the rights of our clients, and we will do the same for you. Contact us to schedule an appointment for your case evaluation at no charge.