How do you start a class action claim?

How many people you need to file a class action lawsuit varies based upon where you live, where the defendants are located and other relevant factors. In some instances, a single person can commence the class action claim as long as there is a reasonable basis to believe that a significant number of other people are also victims of the same wrongdoing. You should consult with GFM to determine whether your claims are more appropriately brought as individual or class claims.

File a class action complaint

If you have claims that should be brought on behalf of a class, you must file a complaint for a lawsuit to begin. Your lawyer will complete this document for you, with you input and cooperation. In a class action complaint,  the events that led to your injury or financial loss will be described.  In the context of a class action, the class action complaint will also allege that the Plaintiff or Plaintiffs are seeking compensation for both them and all other victims.

In order for a class to be certified by the Court, a number of factors will be examined.

Factors that judges consider when determining whether to certify a class include:

  • The Number of Victims
  • Whether There Are Questions of Law and/or Fact Common to the Class Members
  • Whether the Claims in the Class Action Complaint Are Typical of the Claims of the Class Members  Whether The Class Representative and Counsel Will Fairly and Adequately Protect The Interests of the Class.

If you have been damaged and think you may want to file a class action, call GFM today for a free analysis of your potential claims and what to do to protect your rights.

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