Filing A Class Action Lawsuit In The State Of Georgia

A majority of lawsuits involve one person suing another person or a company. However, a class action lawsuit is different. This type of lawsuit makes it possible for an entire “class” or group of individuals to bring one lawsuit against a company that has wronged them. This form of action is ideal when many consumers have been wronged in a similar way by one company. It is among the most powerful weapons that are available to consumers. Our personal injury lawyers have the knowledge and expertise to guide you through the process of filing or joining a class action lawsuit

Nationwide and in the state of Georgia there are two ways that you can get a class action lawsuit started:

You can join a class action lawsuit that already exists (one that has been filed already, for a similar or same issue that your case involves)

Or you can file a class action lawsuit (if there is no class action in existence for the issue you have

Below we will be looking at both of these approaches and guiding you through the steps you need to take to file a class action lawsuit.

How To Join a Class Action Lawsuit That Already Exists

A majority of consumers who obtain money from a class action lawsuit do not file the suit themselves and do not hire an attorney to do it. Instead, they join a class action that is in progress already.

For example, if you had a certain car model and your transmissions suddenly died a lot sooner than it was supposed to give out. You do some research and discover there are other individuals with that same exact model of car that are having the same problem or a similar problem with their transmission. If there were enough consumers that were affected by the same problem, then there is a good chance that somebody has started a class action already against the car manufacturer.

The following are the steps you need to take to join an existing class action lawsuit:

  1. Find out if there is a class action lawsuit already for your issue. Usually, you can find out by simply doing a Google search.
  2. Speak to a class action lawsuit lawyer about what options are available to you. The attorney can help you determine whether or not you are eligible to join the class action and whether or not you would have a better chance of making more money on your own. If there is not a class action active in Georgia yet, your lawyer might help you expand it so that you are included.
  3. Put documentation together. You will need to prove that you bought the service or production in question.
  4. To officially “join” a class action lawsuit, you do not need to take any action. However, you need to closely watch the case’s latest developments. A majority of class action lawsuits will have a website or email list so that you can get updates easily. (The exception is a lawsuit that involves wages, which you do need to choose to join. There will be instructions on the class action’s website on what you need to do to join.)
  5. If money is won by the lawsuit, you have a chance of either choosing to opt-out (see below) or colling your share of the funds.

It is a very important decision whether or not to opt-out. If you take your share of the settlement, then you will be giving up your right to file a lawsuit on your own.

Usually, it is a good thing. That means you don’t need to take chances in court on your own or deal with any legal fees. You can simply collect your share of the money that the class action wins. However, there are situations where you may be better off filing a separate lawsuit on your own. That is why it is worthwhile speaking to an attorney about your case prior to making your final decision. That is why we offer free consultations for this very reason.

Steps Involved In Filing a Class Action Lawsuit

It is very rare for you to be the very first consumer who comes forward to take legal action. However, if that is the case, then you will need to speak to an attorney who has experience dealing with class action lawsuits. You don’t want to have an attorney who has not ever handled this type of case before! A class action lawsuit is very different than other kinds of litigation and a certain set of skills is required. Keep in mind, a class action lawsuit, by definition, means you will be going against a company that has very deep pockets.

Several steps need to be taken to file a class action lawsuit:

  1. Your lawyer can help you evaluate whether or not you have a valid case and how likely it affects enough other individuals to justify filing a class action. An extensive amount of research will need to be done and will involve identifying other individuals who suffered from the same issue or product that you did as well.
  2. Selecting a court. Next, your attorney will select a jurisdiction to file your class action in. That will vary depending on where most affected consumes live as well as where the headquarters of the company is.
  3. Your attorney will then file the class action lawsuit with the court that they have selected.
  4. Initial hearings. A series of hearings will be held by the judge. Those are not the trial. These are initial hearing so a court can determine whether or not the case actually merits having a class action lawsuit. Then the judge will either reject the case or “certify” it and let it go forward.
  5. Certified: If a judge certifies your class action lawsuit, then your attorney will most likely work with various other lawyers who represent other victims, and your case will move forward. Most likely it will result in a settlement that is negotiated with the company instead of a full trial in a courtroom.
  6. Rejected: If your class action lawsuit is rejected by the judge, your attorney might be able to file it in a different jurisdiction. It will depend on the reason it was rejected and the specifics of your case.

A class action lawsuit is a great tool since they normally do not require you to put in much effort or time. You might not even need to testify, although it is more likely that you will be asked to do this if you are one of the first victims to come forward.

Our Firm Files Class Action Lawsuits – and We Know What To Do To Win Them

The Weinstein Firm is a highly recognized, large law firm that has the necessary resources for handling class action cases. We are happy to assist you in determining whether or not you have a case and the best steps to take. Allow us to provide you with a FREE consultation. Give us a call at 770-HELP-NOW or you can fill out our contact form on your right to receive your FREE consultation now.

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