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If your class action lawsuit is successful, you will receive a portion of the settlement or court award. Plaintiffs are paid by a lump-sum payment or a structured settlement. Smaller payouts are usually dispersed as a single payment.
The risk of a class-action lawsuit is that if you lose, you will not receive any compensation for your injuries. If you win, however, you will receive a financial or other non-monetary award.
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.
While there is no exact number needed for a class action lawsuit, it is difficult to form a class to receive certification with less than 20 members. A class with at least a few dozen members is preferred and will likely be certified and move forward.
How Do I Start a Class Action Lawsuit? Your lawyers will assess whether the facts demonstrate that multiple plaintiffs suffered injury as a result of the same defendant's negligence. If this is the case, your lawyer can file the suit and then apply to the court for certification of the lawsuit as a class action.
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Class action lawsuit settlements are not divided evenly. Some plaintiffs will be awarded a larger percent while others receive smaller settlements. There are legitimate reasons for class members receiving smaller payouts.
Some class action lawsuits can take as little as a few months and as long as several years. These kinds of cases can typically take around two or three years to be resolved, while others can take even longer. When court rulings are appealed, the process gets further prolonged.
Federal Rule of Civil Procedure, Rule 23(a) provides that an action requires four conditions to qualify for class treatment: (i) the class must be so numerous that joinder of all members is impracticable, (ii) there must be questions or law or fact common to the class, (iii) the claims of the representative parties ...

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