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Daniel.Tan | June 15, 2023 | 0 Comments

How to Start Your Own Class Action Lawsuit

Do you feel like you and others have been subject to damages by a corporation or entity and you want compensation for the way you’ve been treated? Class action lawsuits are for when a large group of people want to come forward and file a complaint against a single defendant. These legal actions can have huge payoffs in the end, but figuring out how to start your own class action lawsuit can feel intimidating. Here are a few steps to follow to get your class action to court.

Steps for Starting Your Own Class Action Lawsuit

One person can file a class action lawsuit because that person can represent others who have been affected. However, you must be able to prove that you were not the only person to suffer harm for the lawsuit to be considered class action.

 Complaint

To start a class action lawsuit, you must first submit a complaint to be approved by a judge. This complaint doesn’t include class members yet and simply makes the judge aware of your claims against the defendant.

Class Identification and Conditional Certification

After the complaint has been presented, you then identify others who have been affected by the defendant’s actions. In order for your complaint to be considered a class action lawsuit, you must have enough members in the class. You must also be able to show that all of the people in the identified class experienced the same type of harm you experienced.

Initial Conditional Certification

After you’ve presented your claims and identified the class, the court will either approve or deny the legal action as a class action.

Points to Consider

As you work to start the class action lawsuit process, it’s important to have a legal guide to answer any questions you may have about how to start a class action lawsuit and what components are needed to get it approved by the court. An attorney can help you decide which law your class action applies to and common issues in claims within the class.

Requirements for Starting a Class Action

Submitting a complaint is the first step for those wondering how to start a class action lawsuit. However, there are several components you must provide in order for your complaint to be considered credible and accurate.

  • Your injuries must be the same as the others listed in the class
  • The list of possible class members will be easy to identify
  • The injuries of you and all class members are similar enough that not all class members will need to be in court
  • There are enough class members to consider the complaint “class action”
  • Your claims could not be resolved in an easier matter

After the Class Action is Conditionally Certified

Once your class action lawsuit is approved, notices will be sent out through mail or email allowing those who have been identified as part of the class to opt in or opt out of the class action. If the judge does not agree with your arguments and decides not to certify it as a class action, your case will be dismissed.

If Your Class Action Lawsuit is Not Approved

You may be wondering how to start a class action lawsuit after a previous complaint has been dismissed. If you’re in this position, you can always take some time to examine your complaint and resubmit as a complaint that is not class action.

Getting the Legal Help You Need

A lawyer specializing in class action can help you navigate how to start your own class action lawsuit. These attorneys know the specifics of filing your complaint and can help you identify class members while also ensuring you have all components to be considered class action.

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