Class action lawsuits are a method for large group of injured people to prove that a company is responsible for their damages.
Earlier this year, a bill titled the Fairness in Class Action Litigation of 2017 bill was introduced in the United States House of Representatives. This bill may seem harmless on the surface, but it would ultimately prevent many injured people from seeking compensation when they are hurt by the actions or inactions of companies.
Class action lawsuits are a specific type of legal action that involves groups of plaintiffs getting together to file a claim against a single entity, such as a corporation. The ability to file a class action lawsuit is incredibly important, as the plaintiffs can often show a pattern of behavior that proves that the defendant is responsible for their injuries. Standing alone, one plaintiff’s injuries may not appear to be much of a problem — but if 100 plaintiffs have the same type of injury, then it may be much more obvious that the defendant is responsible.
Class action lawsuits also allow plaintiffs — who typically have far fewer resources — to pool those resources and work together against a much wealthier company.
An example of a class action lawsuit that many people may be familiar with is the case against Pacific Gas and Electric Company (PG&E), brought by attorney Erin Brockovich. In that case, groundwater was contaminated by chemicals in Hinkley, California, leading to significant health problems for local residents. Individually, each resident’s health problem may have seemed insignificant. But together in a class action lawsuit, the residents’ health problems as a result of the alleged contamination were so overwhelming that PG&E ultimately settled the case for $333 million. Without the use of this method of litigation, it is entirely possible that none of the residents would have recovered any compensation for their injuries.
Class action lawsuits are an incredibly important tool for people who have been injured. The Fairness in Class Action Litigation Act would limit the ability of people to recover through class action lawsuits by preventing people from joining a claim unless they all suffered the “same type and scope of injury.” This wording means that if one person suffered a head injury from an exploding battery in a defective phone, for example, and another person suffered a leg injury, they could not be part of the same class action lawsuit — even though they both were injured by the same defective product. It would also require the court to admit all payments made to plaintiffs in class action lawsuits. The bill would also prevent plaintiffs from hiring the same class action lawyer twice.
With any new administration, there are bound to be many changes. Protecting the right of injured parties to receive compensation for their losses should be a priority for all, including through the use of class action lawsuits. If you have been injured in any type of accident, including a car accident, bike accident, truck collision, pedestrian accident, a slip and fall accident, or because of a dog bite or a defective product, contact the Law Offices of Larry H. Parker at 800-333-0000 or info@larryhparker.com. Our experienced attorneys will work with you to help you get the money that you deserve for your injuries. Initial consultations are always free, and we never charge a fee unless we get money for you.
