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NEWSLETTER
Personal Injury September 2, 2010
 
Personal Injury
 

Claims and Suits Against the Government Under the Federal Tort Claims Act

The doctrine of "sovereign immunity" protects the U.S. and other governments from lawsuits.  In 1946, Congress adopted the Federal Tort ...(more)

 

Redress for Injuries Caused by Defective Products

Product or products liability is the area of personal injury law concerning liability for injuries caused by "defective" products. "Defective" ...(more)

 

Proving Liability & Injuries with Experts

Authorities suggest that "lay" witnesses may testify to conclusions drawn from their own observations, while an "expert" expresses an opinion ...(more)

 

Invasion of Privacy: Intrusion Upon Seclusion

A "tort" may generally be defined as an act deemed wrongful enough that one who suffers injury from it may ...(more)

 

Personal Injury Headlines

Payouts to Injured Nuclear Weapons Workers Reach $6 Billion

Workplace deaths fall to lowest level since 1992

Motor Vehicle Crash Injuries Costing $99 Billion a Year, or $500 per Driver

Five car crash victims remain hospitalized

Dog Bite Claims Top $400M in 2009; Rise 30% in Last 6 Years

Mass Tort Litigation


A class action suit is a claim brought by one or more individuals on behalf of themselves and others with similar claims. There are several types of cases appropriate for a class action lawsuit including:

  • A mass accident - usually a single event such as an airplane crash
  • Widespread personal injuries - usually involving defective products such as tires or pharmaceuticals

How Is a Class Action Lawsuit Brought?
There are usually four steps prior to beginning a class action claim:

  1. Define the class - To define the class is to identify the individuals with similar claims who would like to participate in the class action lawsuit.
  2. Choose a representative plaintiff - Injuries or afflictions beyond that of class members is not necessary. However, the representative plaintiff should possess the ability to fairly and accurately represent the entire class.
  3. File a Statement of Claim - This is a descriptive statement about the suit that must be filed with the court.
  4. Have the claim certified as a class action - If the court certifies the Statement of Claim, the court has granted permission for the claim to proceed as a class action. After this, the lawsuit may begin.

The Advantages of a Class Action Lawsuit
There are several advantages to bringing a class action lawsuit. First, the class benefits from the perception of strength in numbers. Additionally, class actions allow individuals who might not otherwise pursue legal action an opportunity to have their grievance heard. Class actions also serve to funnel numerous possible court actions into one, thereby relieving the burden on courts.

Class action parties are usually represented by attorneys on a contingency basis, meaning the attorney will receive a portion of the settlement if awarded. If there is no settlement, there is typically no requirement of any payment by the individuals of the class.

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