5 Tips for Winning a Class-Action Lawsuit
If you are a part of a group that intends to file a class-action lawsuit against an individual or organization, it’s important to know about how you can develop a strategy for success. After all, the other party will want to use whatever means necessary to protect their interests. Whether it’s an unjust employer or a company that manufactured defective products, you and other plaintiffs will have to decide the best route to take. Here are some important that will help ensure your victory:
Pick an experienced attorney
Not all lawyers have the experience and capacity to structure a class action lawsuit, especially when it involves a large entity. For this, start scouting for a lawyer that filed a class-action lawsuit before. Finding one who handled a similar case in the past should give you an added advantage in terms of experience.
Gather all plaintiffs
Before initiating a lawsuit, you must get your class certified by gathering at least 40 plaintiffs. This would be easy if you are working at the same company as these people. In cases such as product defects that led to injury or large-scale embezzlement or fraud that resulted in economic damages, you will have to contact people living in other areas and seeing if they can join you in your lawsuit. The more plaintiffs that are involved in the lawsuit, the more likely will your lawsuit is to prosper.
Identify your lead plaintiff
Given the scale of a class-action lawsuit, it is important to designate someone who will show up in court on behalf of the class. In most cases, the lead plaintiff is the person who initiated the action. Then again, it could be anyone from the group, so long as that person has leadership potential and the ability to make calculated decisions. For this, you will need to find someone you can trust, specifically a person who has litigation experience. It falls upon your class-action attorney to determine who would best accept or reject a settlement deal on behalf of all plaintiffs.
Get expert advice
Your class-action attorney alone cannot help you win a case against an entity that has the infrastructure to discredit your complaint. On the other hand, you are in good company if you work with a lawyer receiving litigation consulting in federal and state courts. Through a litigation consultant, your attorney can invite expert witnesses and conduct experiments that will shed light on the facts benefitting your lawsuit.
Analyze any settlement deal
The other party may offer a compensation package in order to settle the case. Instead of accepting the offer right then and there, you will need to consult with your attorney and see whether it would be advantageous to accept the settlement or bring the matter to trial. Consider every single factor and check whether everyone else is amenable to the offer. If it doesn’t begin to cover the actual damages suffered by all plaintiffs, then a trial would be the better option.
Holding powerful individuals and organizations accountable for multiple damages to life and property is within your rights as citizens. Use the tips above and get the best outcomes from your class-action lawsuit.