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Why Do People Join Class Action Lawsuits?



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By : Dan Goldman    29 or more times read
Submitted 2010-09-22 10:50:18
Class action lawsuits are one of the ways that courts can work more efficiently. The idea behind the laws that apply to them is that, in some cases, it’s far more beneficial for a group of people to sue as a class than it is for them to sue as individual claimants. In some cases, such as where defective products are at issue, class action lawsuits are much easier on the court system, allowing the case to be heard all at once instead of several times over. There are specific reasons that people join these cases.

Numerosity and Class Action Lawsuits

People may join on a class action lawsuit simply because they have a common cause with the other plaintiffs. For example, a group of people who all suffered the same harmful side effects of a drug may decide to sue as a class because there are so many of them. This streamlines the process and allows them all to participate without going through the process of putting together all of their cases individually.

Commonality: A Major Class Action Suit Requirement

In order for class action lawsuits to proceed, it must be shown that all of the claimants have a common issue that’s caused them to sue. As an example of this, if the harmful side effect of the drug used in the above example was blood clotting, anyone with that same complaint could add their name to the class action lawsuit.

This allows cases to be put together and heard all at once, making the entire process faster. It can greatly expedite the process of reaching lawsuit settlements.

Typicality and Class Action Lawsuits

Typicality is another requirement for forming a class action lawsuit. This simply means that the complaints being brought against the defendant are typical of all of the members of the class action lawsuit. Currently there is no Osmoprep class action and individual Osmoprep lawsuit cases are being filed by people suffering from kidney damage.

Adequacy and Class Action Lawsuits

The representation offered each member of the class must be adequate to ensure that their rights are respected. This is the fourth common requirement for filing a class action lawsuit. If you’re eligible for one of these lawsuits, you may have been notified of that fact via the mail already. It’s not uncommon for people to be offered the opportunity to participate in class action lawsuits several times during their lives.

Lawsuit Settlement Amounts vs. Individual Actions

Lawsuit settlements for class actions can vary widely. In some cases, claimants receive a small amount of money and, in some cases, they receive a coupon for goods and services equivalent to the awarded damages. In other cases, the payouts may be very large, especially in cases where death or severe medical injury resulted due to the defendant’s actions or products. Lawsuit settlements may be enough to cover your losses financially and to compensate you for pain and suffering due to a faulty product or service, in some cases. A lawyer will usually be willing to offer free consultations for class action lawsuit participation. In the case of Osmoprep phospho-soda, the FDA required an Osmoprep black box warning.

Author Resource:

Dan Goldman is the author of this article on Osmoprep Lawsuit .
Find more information about Osmoprep Class Action here.

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