If you have been cheated or scammed by a company you may wonder if you should file a class action lawsuit or try for an individual claim. There are a few things you must first understand about class action lawsuits, which will help you determine which one is most beneficial.
A class action lawsuit requires a number of people to be involved. The amount of class action participants varies by each case; however, there must be enough people that it wouldn’t be practical for each person to file their own claim.
Another consideration that must be made are what the facts are surrounding the situation. Are there common factors or similar legal questions between you and others who wish to file a lawsuit against the same company? In legal terms this is known as “commonality.”
To file a class action claim there must also be similarity in the claims being made. Not every person in a class action lawsuit will be facing the same exact circumstances. However, the claims must be typical of the others who are also proposing this class action lawsuit. In legal terms this is known as “typicality.”
A court must also be convinced that everyone involved is not pursuing their own interests but the interest of all parties involved. All persons must be able to properly and fairly represent the class action lawsuit. This is a combined and united effort.
These are just some of the considerations that need to be made when you are deciding between filing a class action lawsuit or an individual claim. A Massachusetts class action attorney can help you determine if a class action lawsuit is in your best interest. Contact the Massachusetts class action lawyers at Phillips & Garcia to schedule your FREE legal consultation today – 1-877-892-5620.