When hundreds or even thousands of people individually suffer personal injuries due to the negligence of a single person or entity, there is legal recourse available for affected parties. In these situations, it can be inefficient and ineffective for each impacted party to file suit separately, so it is usually best to pursue litigation in a different way.
Through a class action lawsuit, you could work with other people who have experienced losses in similar circumstances to hold a negligent party accountable for their far-reaching misconduct. If you want to maximize your chances of success in mass tort claim, you should first speak with and retain a qualified Midland class action lawyer.
In most civil cases, the defendant is another individual or small entity whose reckless or careless caused a single accident. For example, if a fatigued truck driver collides with a commuter car and causes injury to the driver of the smaller vehicle, potentially liable parties may include the truck driver, the company that employs them, or potentially a third party whose negligence was the primary factor in causing the crash.
Sometimes, however, a large entity’s negligence is broad and impacts many different people in similar ways. For instance, a drug manufacturing company that sells a defective or dangerous medication may be found liable in class action lawsuit for causing harm to hundreds of different patients.
The Class Proceedings Act allows residents of Ontario to collectively file claims for compensation for a large group of individuals who are represented by a one (or a few) plaintiffs, known as the Representative Plaintiff, who speaks for the entire class of wronged individuals. By working with our qualified Midland lawyers, multiple plaintiffs with a common cause of action against a government agency, large corporation, or other negligent entity can save both time and money while also increasing their odds of individually recovering compensation.
In order to start a class action suit in our area, a representative plaintiff – the member of the “class” of injured people who will lead the case on everyone else’s behalf – must seek and receive an Order of Certification from a local court. Judges use this Order to determine whether the plaintiffs’ grounds for filing suit are valid as well as whether class action litigation is the best way for them to collectively seek restitution for their common issues.
Many certified class action suits ultimately resolve with out-of-court settlements, otherwise they proceed through the civil court in much of the same way as typical civil claims. In either case, if the mass tort claim is successful, anyone who meets the criteria for “class” membership is eligible to receive a portion of the final award, unless they specifically opt out. A knowledgeable lawyer could offer more insight about how class actions cases in our area typically work and progress through the legal system.
If you recently suffered harm due to the negligence of a large company, corporation, or government agency, you may not be the only victim of negligent misconduct. In this situation, pursuing class action litigation is often the best way for you and others in similar circumstances to pursue compensation.
A qualified Midland class action lawyer could offer guidance and support throughout the process of filing a mass tort claim or joining one already in progress. Schedule a consultation at Rastin Law today to learn more about your legal options.