Knowing how to start a class action lawsuit begins with understanding whether you and other consumers, other patients, or other victims have suffered similar harm from the same defendant. To move forward with complex litigation, you’ll need to learn how to file a class action lawsuit, which involves choosing a lead plaintiff, working with an experienced lawyer, and filing a class action complaint in state or federal court. Once the claim is filed, the court must determine whether the proposed class meets all class action requirements. If granted, it proceeds as a single lawsuit on behalf of the entire class, allowing other class members to recover compensation.
While there are many benefits to being the lead plaintiff, knowing how to start a class action lawsuit or how to file a class action lawsuit is a daunting process. There are many pros and cons of class action lawsuits. However, with the right law firm, a class action lawsuit can be an effective way for a large number of victims to seek justice.
Our Houston personal injury lawyers explain how to file a class action lawsuit, the requirements for class action litigation, and how attorneys guide the lead plaintiff and class representative through their legal rights.
Whether you want to learn how to start a class action suit, learn how to file a class action lawsuit for yourself, want to join a class action lawsuit, or need to file your own separate lawsuit, we offer free legal consultation and handle claims on a contingency basis, so clients don’t owe any legal fees for class action lawsuits or individual lawsuits unless we secure fair class action settlements or individual compensation.
Call us at (713) 622-7271 to schedule a free consultation today.
What Is a Class Action Lawsuit?
A class action lawsuit is an individual lawsuit filed by one or more people, called the class representative or lead plaintiff, on behalf of other class members who have suffered similar damages from the same person or company.
Instead of filing individual claims, victims combine their valid claims into one lawsuit. Multi-district litigation streamlines the litigation process. If you’re wondering how to sue a Texas company, the attorneys representing the plaintiff side at Reich & Binstock can help.
How Do Class Action Lawsuits Work in Texas?
Class action lawsuits in Texas, as well as federal court, follow a process where one or more plaintiffs represent a group of individuals who have suffered similar harm. These lawsuits begin with a class action complaint and require court approval before proceeding as a single lawsuit.
In order for the class action lawsuit to move forward, the court has to certify that the proposed class actually meets the requirements for a class action lawsuit. Once that’s done, class action cases can move forward, either going to court or ending in a settlement.
Texas law outlines the state requirements for class actions.
State and Federal Jurisdiction
Texas class actions can be filed in either state or federal court. State courts handle claims under Texas law, while federal jurisdiction applies when claims involve federal law or when victims are from multiple states. The choice of court affects how the case is managed under state or federal rules.
Role of the Lead Plaintiff and Class Representative
The lead plaintiff, also known as the class representative, files one lawsuit and acts on behalf of the other class members. The lead plaintiff must demonstrate that the victims suffered similarly and can fairly represent the interests of the entire group.
Legal Requirements for Starting a Class Action Lawsuit
Class Certification Criteria
For class actions to proceed, victims must obtain class certification. Courts determine whether those who wish to seek compensation suffered in the same way.
Dispute or controversy: In order to file a class action complaint, there has to be some question of fact or law to base the case on. The victims have to have suffered harm or other losses as a result of this legal issue.
Class member eligibility: There has to be a way to determine the eligibility of potential members. The court must be able to define the boundaries of the class clearly to ensure that all victims are made aware of the lawsuit, giving them the opportunity to participate or opt out if they choose.
Commonality: All members must have suffered harm as a result of the same dispute of fact or law. This ensures that other class members’ claims are similar enough to be addressed by the court all at once.
Same injury among other class members: The claims of the lead plaintiffs must be typical of those of other class members. This ensures that the interests of the class representatives align with the interests of the entire class.
How Many People Are Needed for a Class Action Lawsuit?
There’s no universally accepted threshold for class members; however, classes should generally consist of at least 20 people.
How to File a Class Action Lawsuit
For those wondering how to file a class action lawsuit, one or more individuals must initiate one lawsuit on behalf of a larger group impacted similarly. Filing class actions involves determining whether the case meets eligibility criteria, identifying potential victims, and establishing that the same defendant harmed the group in the same or similar way.
Consulting a Class Action Attorney
An experienced law firm will evaluate the strength of your claim, confirm whether it qualifies for class action status, and guide you through the process of starting a class action lawsuit. Our law firm offers a free consultation to assess whether a claim exists and explain your legal options.
How to File a Class Action Complaint and Seek Certification
The attorney files a formal complaint, naming a lead plaintiff and describing the proposed victims. The court then reviews the request for certification.
Who Can Start a Class Action Lawsuit?
Any individual who has similar cases as others due to the same defendant’s conduct may be eligible to start a class action lawsuit. This person becomes the named plaintiff or lead plaintiff and must initiate the claim on behalf of the other members.
Requirements for the Lead Plaintiff: The lead plaintiff must demonstrate that their injury is representative of the other members and that they are willing to participate actively in the class action lawsuit process. They may also be eligible for an incentive award in recognition of their role.
Legal Standing and Similar Claims: To meet the requirements for class actions, the lead plaintiff must have legal standing. This means they were directly harmed. Their claim must also involve the same or similar injury and legal issues as the other plaintiffs.
How to Join a Class Action Lawsuit
Joining an existing class action lawsuit typically begins when individuals become aware of the lawsuit. They must determine whether they qualify as class members based on the facts of the case.
Once identified, potential members may need to take specific actions to participate in the lawsuit. In many cases, each class member is automatically included in the class action lawsuit unless they choose to opt out. However, some class actions may require members to take certain steps to join the lawsuit.
Once they’ve joined, it’s important that they stay informed on the progress of the case to ensure they are able to receive any potential benefits or compensation.
What are the Pros and Cons of Joining a Class Action Lawsuit
Class action lawsuits offer several benefits for those who have been wronged or harmed by a common entity. Class action lawsuits benefit victims by:
- Providing them with accessible legal resources
- Streamlining the legal process
- Making claims more legitimate through sheer numbers
- Ensuring they receive fair and equitable compensation
- Allowing victims to opt out and pursue their own claims
They also serve to promote justice and deter corporations and organizations from fraud, negligence, and wrongdoing. One class action complaint could enact broader, systematic change, ensuring that the general public is protected from future mistreatment. They also serve as an educational tool, raising public awareness on certain issues and educating the population on their rights as consumers and citizens.
What Are Common Examples of Class Action Cases?
Common class action lawsuits arise from illegal business practices, false advertising, employment class actions, data breaches, securities class actions, and defective product lawsuits in Texas. In these class action cases, victims join together to file one lawsuit against a defendant, often involving large corporations.
For example, employment class action suits may involve wage theft or discrimination affecting an entire group of workers, while consumer class actions target deceptive conduct that caused financial harm to other consumers. These complex cases allow a proposed class to pursue compensation efficiently.
Other recent examples of class actions include:
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Ozempic class action lawsuit: Several class action lawsuits have been filed over Ozempic and similar medications, alleging that manufacturers failed to adequately warn patients about severe side effects such as gastroparesis, intestinal blockages, and psychological harm. Plaintiffs argue that the drugmakers violated consumer protection laws through illegal business practices.
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Environmental Contamination Lawsuit: In the 1950s and 60s, Pacific Gas and Electric (PG&E) contaminated the water in Hinkley, California, with a rust-suppressing compound, which had been linked to cancer, without informing the local water board. In 1996, the class action case was settled outside of court for $333 million.
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Defective Medical Products: The Food and Drug Administration has recalled over 200,000 hernia mesh products, which are medical devices designed to support herniated tissue and prevent further damage. This case is still ongoing, but hernia mesh manufacturer Bard has agreed to a $184 million settlement for claimants.
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Social Media Addiction Class Action Lawsuit: There is currently an Instagram lawsuit, Facebook lawsuit, TikTok lawsuit, Snapchat lawsuit, and Discord lawsuit, all class actions, over the alleged role their algorithms play in causing addictive behavior among young users.
What Are the Stages of a Class Action Lawsuit?
In order to reach a fair and equitable outcome for everyone involved, a class action lawsuit must go through several stages. Below are the stages a class action lawsuit must go through to reach a settlement or judgment.
- Initial Investigation: A law firm reviews facts from potential plaintiffs to determine whether a valid legal claim exists on behalf of a group that suffered similarly.
- Filing the Complaint: The lead plaintiff (or named plaintiff) files a formal complaint outlining the allegations, proposed class, and requested relief.
- Certification: The court reviews whether the case meets class action requirements. The victims must show common complaints, a large enough group, and that the class representative can adequately represent the whole group.
- Notification Once certified, victims are notified of the legal action and may choose to opt out and file a separate lawsuit, or remain in the class action lawsuit.
- Discovery and Pretrial Motions: Both parties exchange evidence, depose witnesses, and file motions to narrow or dismiss the legal claim.
- Settlement or Trial: Many class action cases end in class action settlements, but unresolved claims proceed to trial, where attorneys representing the plaintiffs present evidence in court.
- Distribution of Damages: If a judgment or settlement is reached, funds are distributed among eligible victims, including any incentive award to the lead plaintiff for their role.
- Appeals: Either party may appeal certification, rulings, or the final outcome, potentially delaying compensation.
How to Start a Class Action Lawsuit
In order to start the class action lawsuit process, one or more people from a group of individuals must seek legal representation from a class action lawsuit attorney. They can help assess the situation and ensure that they are eligible to take legal action through a class action lawsuit. Our attorney can also help clients weigh the options between mass torts vs class action lawsuits.
Do I Need an Attorney for a Class Action Claim?
Yes, it’s important for victims to seek legal representation from an experienced class action attorney when filing a class action claim. They will have the expertise and resources necessary to file the initial legal claim, seek certification, conduct discovery, negotiate settlements, and advocate for the rights of the whole group in court.
Our law firm also has extensive knowledge of federal procedures as well as Texas personal injury statute of limitations, ensuring members have the best chance of success.
Our class action attorneys work on a contingency fee basis. So, clients don’t owe any legal fees unless we secure a recovery on their behalf.
Overall, one of the best decisions a group of victims can make is the choice to seek representation from a seasoned law firm, like Reich & Binstock.
Contact a Texas Class Action Lawsuit Lawyer For a Free Case Review
Whether you need help understanding how to start a class action lawsuit or how to file a class action lawsuit in Texas, it’s essential to seek legal representation from an experienced class action litigation attorney. At Reich & Binstock, our class action lawsuit lawyers have a proven track record of advocating for the legal rights of those who have been wronged by large corporations or organizations.
With our depth of experience and dedication to pursuing justice, we are committed to helping you understand your rights, evaluate your options, and pursue the compensation you deserve. Don’t wait to assert your rights–reach out to us to learn how we can assist you in your class action claim.
Call our law firm at (713) 622-7271 or contact us online to schedule a free consultation with a legal professional on our team.
