Texas Class Action Lawyers & Mass Tort Attorneys

What Is a Class Action Lawsuit?

A class action lawsuit is a legal action brought by one individual or a small group on behalf of a larger group of people who have all suffered the same or a very similar injury. The lawsuit is brought against one or several defendants who are allegedly responsible for widespread harm.

In other words, a class action is one lawsuit, brought by a class representative for dozens, hundreds, or possibly thousands of injured people, known as the class. Specifically, the class representative is the plaintiff, which, again, can be one person or a few.

The class is the entire group of people who the defendant’s alleged conduct has similarly harmed. Classes do not have to be a certain size. They could be as small as a couple of dozen individuals or, technically, millions of people.

Common Reasons for Class Actions

A class action suit can arise due to all types of harmful conduct. However, certain issues tend to lead to class actions more than others, including:

• Dangerous drugs or medical devices
• Defective vehicles and auto parts
• Other defective products
• Environmental regulation violations
• Employee/independent contractor misclassification
• Wage, hour, and overtime violations
• Sexual harassment
• Other unlawful employment practices
• Civil rights violations
• Unfair/deceptive business practices
• Predatory lending practices
• Unlawful debt collection practices
• Consumer fraud
• Securities fraud

Your Involvement With a Class Action

You can be involved in a class action in different ways. If you are one of the first to recognize the harm caused by a defendant, you may become a class representative, helping to file the suit and staying actively involved. If you believe a company has harmed you and many others, call The Law Giant, Personal Injury & Accident Lawyers, to explore whether a class action is appropriate.

You may also be passively involved in a class action as part of the group affected by the defendant. You’ll be notified of the case and can opt-in or opt-out. Opting in typically requires no action and may result in compensation if the case succeeds. However, opting out allows you to pursue your own lawsuit, which can be beneficial if you believe your damages are more severe than others in the class.

The Benefits of a Class Action Suit

Bringing a class action lawsuit instead of individual lawsuits makes sense when the injuries involved are relatively minor, such as financial losses from deceptive business practices. For example, if thousands of people each lost a few hundred dollars individually, it may not be worth the time and expense of filing separate lawsuits. However, by banding together in a class action, these smaller claims can add up to a substantial amount, making the lawsuit worthwhile and possibly forcing the company to change its practices.

A class action is also more efficient because the group only needs to prove the injury and the defendant’s misconduct once, rather than each person doing so in individual lawsuits. This reduces the burden on both the plaintiffs and the court system, preventing the courts from being overwhelmed by hundreds or thousands of similar cases.

Bringing a Class Action Lawsuit

A class action lawsuit differs from an individual claim and follows a specific legal process. Class actions can be brought under Texas law in state courts or in federal court under Rule 23 of the Federal Rules of Civil Procedure, with most cases being filed federally due to nationwide classes.

In Texas, class actions must comply with Rule 42 of the Texas Rules of Civil Procedure. Once a class action is filed, the class representative and their lawyers must ask a judge to certify the class by proving the facts and injuries are similar across the group and that it would be impractical for each person to file individually.

After the judge certifies the class and defines who is included, all potential class members are notified and given the option to opt-in or out. Notification methods can include letters, emails, or public ads. The lawsuit then proceeds like any other, and if a settlement or verdict is reached, the class action lawyers create a plan to distribute compensation to class members.

Class Action Settlements

Class action settlements can be significant. However, the individual recoveries sent to class members will be divided among the group and vary depending on several factors.

Class action lawsuits are typically paid for out of the settlement or jury award. Once the case is resolved, the legal fees will be deducted. Next, the compensation must be distributed to all of the class members. How much each member receives depends on the circumstances. Each member may receive the same percentage of compensation. Or, certain class members who were more seriously harmed may receive more.

Mass Torts v. Class Actions

If you are looking into class action lawsuits, then undoubtedly you have seen reference to mass torts. You may think it is another term for the same type of lawsuit. However, mass torts and class actions are different. They have some similarities, but the terms are not interchangeable.

Mass torts are typically made up of individual lawsuits against one or a group of the same defendants. The plaintiffs, who all have their own lawsuits, claim that the same defendant(s) caused all of them harm through the same or very similar circumstances. For example, dozens or hundreds of individuals may each file lawsuits against a medical device manufacturer claiming that the defective device caused them significant harm.

However, mass torts also may include plaintiffs filing claims against different defendants based on similar products or services. For example, plaintiffs may sue different automakers in regard to similar issues with defective airbags.

Issues that commonly lead to mass tort claims include:

• Dangerous drugs and medical devices
• Defective products
• Transportation disasters
• Environmental disasters
• Exposure to toxic substances, like asbestos

What makes mass torts unique compared to many similar lawsuits is that mass tort claims typically lead to pooled resources. One or a few law firms will often take on multiple plaintiffs. This ensures one or a few firms do all the legwork to gather and analyze evidence instead of dozens of firms having to do this work. Only one firm or a team of firms have to lead the way on an in-depth investigation.

Also, mass torts are consolidated in the court system. These similar cases, though they move forward individually, are consolidated in one or a few jurisdictions around the country. This enables a few jurisdictions to become familiar with the cases and handle them as efficiently as possible.