Class action suits are a great way to lump people together that have a similar complaint against a company or a person, and do one large lawsuit. This means that the plaintiff is not one single person, but a group of people who are suing a certain entity. Usually there are multiple stories and people who file complaints, and then they are put together into one class action. Medical class actions are very common. If you are considering a medical malpractice lawsuit, you might opt for a class action suit. Here are some things you need to know about a medical class action suit.
1. Choose A Really Good Lawyer
With a class action suit you only have one chance. Even though there are multiple people who are suing, you cannot have each person sue individually once you have declared a class action. This means if the court rules against the class action, you cannot file another lawsuit on the same issue.
For this reason, you need to hire a really good lawyer who understands class action suits. This is not the chance to take a gamble on a lawyer who doesn't have a lot of experience with class actions. Since many people rely on the outcome of the case, get a lawyer who does many class action suits.
2. Choose One Named Plaintiff To Spotlight
Even though there are multiple people involved in the class action, in most cases the judge will have you take one specific case and fight for that named plaintiff. Then if the court rules in the plaintiff's favor, everyone will benefit. The reason for this is it is too hard and takes too much time to have every single person involved in the class action suit share their story. For this reason, the lawyer should help you to choose the strongest case in the class action. Usually with a medical malpractice suit, there will be one person who was affected more than the others. This is the person that should be chosen. It should also be someone who can prove the damage came from the doctor or hospital's actions.
3. If You Win, You Will Be Awarded Damages
It is important to recognize that a class action suit is a civil suit. This means that you are suing the doctor or hospital for monetary damages. You are not pressing charges against them. The state can do that if they see reason for it. If you win you will get part of the settlement awarded to you. The amount you get will depend on the severity of your pain and suffering.
If you are considering filing a medical class action suit, talk to a medical malpractice lawyer today.