how to file a class action lawsuit without a lawyer

How to File a Lawsuit Without a Lawyer

• Preliminary Considerations Before Filing On Your Own. If you talk to an attorney about filing a legal case for you, she can help you determine whether your position is viable, ...
• Understanding the Paperwork. To file a lawsuit, you have to prepare the opening documents. ...
• Preparing the Documents. ...
• Service and Filing. ...

Full Answer

What are the requirements for filing a class action lawsuit?

Filing a Complaint - The Document That Starts a Class Action. The legal document that officially starts a class action is called a "class action complaint." After an attorney has reviewed and investigated the factual and legal issues at hand and determined that a lawsuit can be filed, he or she will draft a class action complaint.

How would I start a class action lawsuit?

Jun 30, 2012 · The answer is yes and no. Yes, you can file a class action lawsuit, however, in order to get a class certified, the court must appoint class counsel -- eg. an attorney. Fed. R. Civ. Proc. Rule 23(c)(1)(B) provides: (B) Defining the Class; Appointing Class Counsel.

Is there a way to start a class action lawsuit?

To start a lawsuit without a lawyer, you may need to file a verified complaint, along with the specified filing fee. It is the same first step that a lawyer may take in commencing a lawsuit. This step is immediately followed by the filing of a civil summons form. How to File a Verified Complaint. The complaint serves as the foundation for your ...

What is required to bring a class action lawsuit?

Jan 24, 2011 · Watch more How to Understand Legal Issues videos: http://www.howcast.com/videos/421393-How-to-File-a-Class-Action-LawsuitClass action lawsuits are sometimes ...

Is it worth joining a class action lawsuit?

Yes. While joining a class action lawsuit will not cost you a dime upfront, you give up your right to recover compensation individually. If your injuries are substantially worse than other plaintiffs in your class, joining a class action could end up costing you thousands or millions down the road.

How many people do you need for a class action lawsuit?

Although a class action lawsuit represents the legal interests of a large number of Class Members, it only takes one person, or a small group of people, to file the lawsuit.Apr 17, 2020

How do you make a class action lawsuit?

To start a class action lawsuit, your personal injury lawyer will file a claim with the court. In your claim, your attorney will formally request that the court certifies the potential claimants in your case as being their own class. Once that happens, other injured parties will be free to join your claim.

Who gets the most money in a class action lawsuit?

Lead plaintiffsLead plaintiffs receive the most money in class action lawsuits. They typically have the worst injuries and the highest damages.

How does a class action work?

A class action is a type of legal proceeding in which one person (the plaintiff or applicant) brings a claim on behalf of a wider group of people who have been affected in a similar way, or by the same conduct.

What is an example of a class action lawsuit?

A common example is pharmaceutical fraud that results in the manufacture and distribution of a harmful drug that is used by many patients. Other injury examples include mass disasters such as social work or nursing home negligence, human rights violations, sexual abuse and sports litigation.

Is there a downside to joining class action lawsuit?

One of the dangers of joining a class action lawsuit is that you lose the right to file an individual lawsuit if the class action case fails. In addition, you cannot reject a settlement offer to which the class representatives have agreed.

What are the pros and cons of a class action suit?

Pros And Cons Of Class Action LawsuitMore Strength as a Group. ... Your Lawsuit Charges are Significantly Less. ... Advantageous to the Judicial System. ... Guaranteed Settlements. ... Very Little Agency in the Matter. ... Class Action Lawsuits Take a Very Long Time to Settle. ... Class Action Lawsuits Cannot Be Reapplied To.

What is class action lawsuit?

Class action lawsuits allow hundreds or potentially thousands of individuals to join together and take legal action against a person or entity in instances when it would not be financially viable for them to file individual lawsuits. Frequently Asked Questions.

Why do people file class actions?

A person may be able to start a class action if he or she is injured, either financially or physically, because of the wrongful actions of a corporation and believes others were harmed in the same way. Class action lawsuits allow hundreds or potentially thousands of individuals to join together and take legal action against a person ...

Who decides whether a case can be classed as a class action?

While an experienced attorney will do his or her best to ensure their clients' claims meet the requirements for filing class actions, it is a judge who decides whether a case can officially proceed as a class action.

What happens after a lawsuit is filed?

After a lawsuit has been filed, a judge will evaluate whether enough people have been injured in the same way, among other factors, in determining whether the case can move forward as a class action.

What is a complaint in a lawsuit?

The complaint will describe the events that caused the injury or financial harm suffered by the client. The complaint will also state that the lawsuit seeks to recover compensation for the person filing the suit (known as the "lead plaintiff") and for all other individuals who suffered the same type of harm.

Can a class action be brought on behalf of a group?

While most class actions are brought on behalf of a group (class), it is possible to have a case with a group (class) of defendants .#N#Theoretically possible means a few things in this context...

Can you file a class action lawsuit?

The answer is yes and no. Yes, you can file a class action lawsuit, however, in order to get a class certified, the court must appoint class counsel -- eg. an attorney.#N#Fed. R. Civ. Proc. Rule 23 (c) (1) (B) provides:...

What is class action lawsuit?

Class actions are complex, whether filed in federal or state court. Particularly if you intend to sue a large corporation, you may be met with a team of top-notch and highly skilled attorneys acting in defense. Certain types of civil actions are more frequently the subject of class action lawsuits than others.

How do class action attorneys get paid?

Class action attorneys typically get paid by taking a percentage of the recovery , rather than by taking any payment up front. For this reason, you need to make sure that the law firm you've chosen has the resources and infrastructure necessary to fight the lawsuit without getting paid.

Why is a class action lawsuit important?

This is especially valuable when your damages are small.

How to get a class action certified?

1. Draft your motion to have the class certified. In some states, the court initiates the certification process after you check the class action box on the cover sheet when you file your complaint. In others, you must file a motion to start the process of having the judge certify the class.

What is class action compensation?

Compensation sought in a class action lawsuit often includes damages for personal injury or economic loss, as well as all the costs of litigation. In the case of a class action, you must be able to demonstrate that all the class members' injuries happened as a result of a common set of facts or legal interests.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

How to File a Verified Complaint

The complaint serves as the foundation for your lawsuit. It should be organized, factual, and accurate. Within this document, you may explain your claim or cause of action to the defendant (the party you are suing).

How to File a Civil Summons

You may have to complete a civil summons form, a document that can be found on the United States Courts website, in which you specify the location and the district of the court through which you are filing your lawsuit. This form will also list the name (s) of the Plaintiff (which is you) and the Defendant (s).

How to Serve the Defendant

The court clerk may not advise you on how to serve papers to the defendant. You may be legally required to follow specific procedures in this process, depending on the types of papers you are serving. In some cases, the court may direct you with a specific method of service, with which you must comply.

You do not Need a Lawyer, but You may Want One

Before you take either step, you should consider getting to know more about your rights to file a lawsuit under the New York statute. There is much more to “having a case” than suffering an injury and believing somebody should pay for it.

A Products Liability Lawyer may be Able to Help You With Your Lawsuit

If you have suffered a personal injury due to another party’s negligence, you may be able to file a lawsuit aimed at getting the at-fault party to cover your damages. Be forewarned that a successful lawsuit may hinge on the proper handling of many different moving parts.

What happens when you file a class action lawsuit?

Once your attorney has determined whether you should file a class-action lawsuit, you and your attorney will then decide whether you will be the lead plaintiff. Your attorney will then draft a class-action complaint that details the events that led to the financial harm or caused your injury.

How many plaintiffs are there in a class action lawsuit?

A regular lawsuit only has one plaintiff, and if a judge or jury awards damages, all those damages go to the single plaintiff. So, for instance, a group of people could file a class-action lawsuit against the provider of a medical device that injured them all in a similar way.

When did the Fairness Act start?

In 2005, Congress enacted the Class Action Fairness Act, which allows many larger class actions (those with at least 100 plaintiffs and claims in aggregate of at least $5 million) to be heard in federal court. Critics of the Act contend that it made it much harder for plaintiffs to sue large corporations.

How long does it take for a class action lawsuit to be settled?

Some class actions last months, and some take many years. In general, most class action lawsuits are settled within two to three years, although they can take longer if an appeal if the defendant makes an appeal.

What happened to the silicone breast implants?

For instance, many women contracted an autoimmune disease after they received a silicone breast implant. After they joined together, these women filed a class-action lawsuit. Ultimately, the manufacturer of the silicone breast implants settled for $3.4 billion. Other well-known class-action lawsuits include: Brown v.

What is class action.org?

If you had a problem with your credit report, attorneys working with ClassAction.org may be able to help. They're offering to review people's credit reports, free of charge, to help determine whether the company that ran or ordered the report broke the law.

What is a class action lawsuit against poultry processors?

A class action lawsuit has been filed alleging some of the largest poultry processors have engaged in a wage-fixing scheme that has suppressed the pay of plant workers for years. If you worked in a poultry plant at any time since 2009, it’s possible that you were underpaid as a result of this alleged conspiracy.

What are the attorneys investigating?

Attorneys are investigating whether consumers are being charged illegal and hidden fees on foreign payment card transactions. If so, they may be able to get a class action lawsuit started to help those affected.

Is Class Action investigating overdrafts?

Attorneys working with ClassAction.org are currently investigating the overdraft practices of credit unions across the country. They're investigating whether some credit unions are illegally charging overdraft fees to their customers.

Why are California employers being sued?

A number of companies have been sued in California for failing to provide their workers with accurate wage statements. The lawsuits claim the paystubs were missing important information – such as the total number of hours worked and hourly pay rates – and that this violates state labor law.

What are the complications of hernia mesh surgery?

Attorneys working with ClassAction.org are currently speaking with patients who experienced complications following hernia mesh surgery, including severe pain, dangerous infections and other serious problems that led to second surgeries to remove or replace the mesh.

How long can you file an overtime claim for oil and gas?

Oil and gas employees who are paid on a day rate basis and do not receive overtime pay when working more than 40 hours a week may be able to file a claim for up to three years of unpaid overtime.