5 Things You Probably Didn’t Know About Class Action Lawsuits
The most well-known class action lawsuits usually involve some type of personal injury claim. Class action lawsuits are often filed alleging that a defective product caused an injury, such as a medical device, prescription medication, or car airbag. However, class action lawsuits may also involve other causes of action, such as the lawsuits being filed against a popular massage company claiming injuries from sexual assault by its employees or a cell phone provider overcharging customers for certain fees. If you are notified of a class action lawsuit, or you believe you may be a potential plaintiff in a class action lawsuit, you can contact our San Jose class actions attorneys for more information. Deldar Legal’s San Jose class actions lawyers can help you understand the case better.
Class Action Lawsuit FAQs — What You Should Know About Class Action Lawsuits
- You might have the option of opting out of the class action lawsuit.
A class action lawsuit allows the plaintiffs of the lawsuit to pursue claims for similarly-situated injured parties. However, you may not be required to join the class action. You may opt out of the class action to pursue a claim on your own. However, there are pros and cons for both choices. Discussing the matter with California personal injury attorneys can help you determine what is best for you.
- The final judgment binds all parties to the class action lawsuit.
Once the court enters a final judgment or the parties enter a binding settlement agreement, all members of the class action lawsuit must abide by the terms of the judgment or settlement. In other words, if you remained a member of the class action lawsuit, your claim is settled pursuant to the terms of the final order of the court.
- You are automatically included in the class action.
In most cases, you do not need to do anything to become part of the class action lawsuit. If you have a claim, you are automatically included. In rare cases that require members to elect to be included in the action, the notice of the class action lawsuit should explain in detail what you must do to join the class action.
- Class action lawsuits are not always settled with monetary judgments.
In some cases, a class action is settled with an order for injunctive relief. Injunctive relief requires a party to take certain action or stop certain conduct. A class action may also seek a declaratory judgment that defines the obligations and rights of the class and the defendant. You should read the notice of the class action very carefully to determine your rights and whether you may want to opt out of the class action.
- A Statute of Limitations may be extended for a class action lawsuit.
The Statute of Limitations for a personal injury claim in California is typically two years from the date of the injury. However, some class action lawsuits extend the deadline for filing claims. If you believe you may be part of a class action lawsuit, you should seek legal counsel even if you are unsure of the deadline for filing a claim.
Call Our San Jose Class Actions Attorneys Now
Class action lawsuits can be complex, and the notices of these actions can be lengthy and filled with legal terminology that is difficult to understand. Contact us today to schedule a free consultation to discuss your case. Our San Jose class actions lawyers can review the notice and discuss all your legal options regarding the matter.
Posted in: Personal Injury