What is a lead plaintiff?
A lead plaintiff is a class member that the court appoints to act as the representative of the class. There can be more than one lead plaintiff or class representative who pursues the litigation on behalf of the class.
Am I required to retain an attorney to pursue a class action suit?
Although the court system does not prohibit the filing of a class action without legal representation, retaining an attorney is advisable. The complex nature of not only the legal system but the procedures pertaining to class actions make pursuing a class action without the help of experienced legal counsel especially difficult.
How can I join in a class action?
In those lawsuits in which parties are allowed to “opt in,” as opposed to “opt out,” a claim form or request to join form may be necessary. Ordinarily, the notice issued to class members informs class members if they need to take any action to participate.
Who pays the lawyer's fees in a class action lawsuit?
Ordinarily, in a class action for money damages, lawyers representing the class are paid out of the monies the class recovers, referred to as a “common fund.”
What is better, a class action or an individual lawsuit?
It depends on several factors including whether there are common claims and whether the class representative can adequately represent your interests. Also, class action suits can help people who have been harmed by another party, but whose damages are greatly outweighed by the expenses of a lawsuit. Sometimes, there are enough additional victims whose combined damages may be enough to justify bringing a class action lawsuit.