Harvard Law School defines as a class action claim as “a type of civil lawsuit brought on behalf of many similarly situated people who have been harmed in the same way by the same entity.” It can be an effective tool to help people with common claims to join together to hold a business, organization, or even government entity accountable. This raises an important question: How do you start a class action claim? At Saltz Mongeluzzi Bendesky P.C., we are proud to represent plaintiffs in class action lawsuits. Here, you will find an overview of the process for starting a claim.
Starting Point: Must Be Able to Meet Criteria to Get Certified as a Class Action
Not all claims can be brought as class action. A class must be “certified” before the lawsuit can move forward. For a federal class action claim to be certified, a proposed representative plaintiff must satisfy the requirements set forth by Rule 23 of the Federal Rules of Civil Procedure.
- Large Enough Proposed Class: The proposed class must be so numerous that joining all members individually in the lawsuit is impracticable.
- Common Causes of Action: There must be questions of law or fact common to all class members—meaning their claims arise from a shared legal issue or factual circumstance.
- Typical Case (Class Representative): The claims or defenses of the class representative must be typical of those of the entire class.
- Adequate Representation: The class representative (and their counsel) must adequately protect the interests of the class.
Note: Individual states have broader similar requirements for class action certification.
A Class Action Lawsuit Starts With a Complaint
Similar to any other type of legal claim, a class action lawsuit starts with the filing of a complaint. The complaint is a formal legal document that is filed by the lead plaintiff or class representative on behalf of all affected individuals (proposed class members). Among other things, the complaint should outline the allegations against the defendant—including the facts of the case and the legal basis for the claim. A class action complaint should always be drafted and filed by a lawyer.
Patrick Howard Can Help You Initiate a Class Action Lawsuit
You do not have to start the class action process on your own. These are complex cases. Class action attorney Patrick Howard has the skills and experience that you can rely on. With a history of case results in complex class action claims, our team is ready to review your case, explain your options, and help you develop a comprehensive strategy to get justice and maximum compensation.
Contact Our Class Action Lawsuit Attorney Today
At Saltz Mongeluzzi Bendesky P.C., we are committed to delivering results in class action claims. If you have any questions about a class action lawsuit, we have the knowledge and resources that you can trust. Give us a call now or contact us online for a free, no obligation initial consultation. We handle class action lawsuits nationwide.