Certifying a Class for a Class Action Lawsuit

scales of justice statue consumer product lawsuit

In New Jersey and throughout the country, certain types of legal cases warrant class action to make litigation practical from a financial statement. Whether you are among other plaintiffs who have suffered personal injury due to a negligent, reckless, or malicious individual, group of people, corporation, or institution, Nagel Rice LLP legal team has the skillset and determination to see your class action lawsuit through to a successful conclusion. However, certifying a class needs to occur before the lawsuit can proceed. Contact us now for a free consultation to find out how it’s done.

Types of Personal Injury Class Action Lawsuits Nagel Rice Handles

When you are one of many people who have suffered physical, emotional and/or financial harm and seek legal recourse in any of the following areas, our class action attorneys are available to meet all of the requirements of class action litigation involving:

  • Product liability
  • Deceptive insurance practices
  • Deceptive advertising to consumers
  • Credit card fraud
  • Dishonest sales/investment manipulations by brokerage firms
  • Medical malpractice

In other words, whether you are one of many who has been injured by the same defective tool or contaminated food product, has been cheated by the same insurance company, bank, or brokerage firm, or has suffered medical malpractice at the hands of the same doctor, our class action attorneys are fully committed to seeking justice for you and all of the other plaintiffs. 

As lead or co-lead counsel, our lawyers have won nearly $1 billion in class action settlements.

Though such cases are never easy, based on our history of success, you can have faith in our ability to create strong, winning strategies. 

Prerequisites for Certifying A Class

Our class action attorneys have the in-depth knowledge and extensive experience to know precisely how to meet the requirements to certify your class. According to Rule 23 of the Federal Rules of Civil Procedure, class action lawsuits must meet the following criteria, proving that:

  • The class is so numerous that separate lawsuits are impractical & not cost-effective
  • The same issues of law or fact are common to all members of the class
  • The claims of the representative parties are typical of the claims of the entire class
  • The representative parties will fairly and adequately protect the interests of the class

These requirements make it clear that class action cases are more complicated and time-consuming than many other types of litigation. For this reason, it is critical to have our astute class action attorneys at your side. We have proven abilities to investigate thoroughly so that we can present evidence that the designated class meets certification requirements because:

  • It has enough members, (typically 25 to 40) to be certified
  • Its members have suffered similar injuries to one another
  • The class can be clearly differentiated from those who are not class members
  • The representative parties will fairly protect the interests of the entire class

Before you decide to participate in a class action suit, you should be aware that getting the lawsuit certified is by no means an easy feat. It is generally a prolonged process during which unexpected hurdles may appear. This is why it is so important to have Nagel Rice’s highly capable class action attorneys at the helm.

How will awarded damages be split among class members?

This is a significant question to each and every one of the plaintiffs. The strength of a class action suit is based on the fact that a great many individuals have been harmed by the defendant’s misconduct and that there is strength in numbers. Therefore, it is only fair that each plaintiff receives a piece of the pie if the court rules in our favor or the case is favorably settled.

In a class action suit, damages awarded will be split among the plaintiffs. Each individual will receive an amount proportionate to the losses each has suffered. It should be noted that once you join a class action lawsuit, you give up your right to take future legal action against the defending party. 

When class action lawsuits are undertaken, we attempt to contact all potential plaintiffs so they have the opportunity to be included in the class grouping and share in the damages award, or to opt out. Sometimes, however, we are unable to identify and contact every single person potentially in the defined class. In such cases, we create a fund out of a percentage of the awarded damages for anyone who can subsequently demonstrate that they, too, have suffered harm because of the defendant’s actions.

Contact Our New Jersey Certifying A Class Lawyers Today

Our Nagel Rice class action attorneys have a well-earned reputation for providing excellent legal representation. We also have a proven track record of winning class action cases. 

Even though in a class action suit you are likely facing a formidable opponent, our team has the capability to level the playing field. We will not let you or the other plaintiffs be bullied. We believe in fighting for what’s right and will do everything in our power to bring all of you the damages you deserve. Contact us now for more information.