How do you know if you have a personal injury claim or a class action lawsuit? What’s the average timeline for an Illinois case action lawsuit? These are just a couple of the common questions accident victims have about navigating an Illinois class action lawsuit.
The legal process can be challenging, and this often is putting it mildly. Instead of trying to recover compensation from one individual or entity, you’re going after a large group. To help make it a tad easier to navigate the process, we’re answering some of your questions about filing class action lawsuits in Illinois.
What is a Class Action Lawsuit?
In simple terms, a class action lawsuit is a claim against a large group usually a corporation’s governing body or its shareholders.
Even though most class action lawsuits are brought about by multiple people, you can file one by yourself. In other words, you don’t have to go out and find other people with the same legal complaint. You can start and finish the process on your own. Any settlement awards are divided by the claimants, after legal fees are deducted, If you’re the only plaintiff, the settlement’s all yours.
Even though it sounds tempting to go your own way in a class action lawsuit, it’s not always allowed. Before a class action lawsuit can move forward, it must be approved by Illinois civil courts. A judge decides if your lawsuit has merit and if you can stay as the only named plaintiff.
If similar lawsuits against the same named defendants are getting ready to start, there’s a good chance you’ll be joining others in their class action lawsuit. Typically, Illinois and all other states try to limit the number of class action lawsuits filed against the same defendant. This can be especially true if the lawsuits are filed in the same jurisdiction.
What Types of Cases Do Class Action Lawsuits Usually Cover?
You can try to file a class action lawsuit just about any time you suffer injuries and/or property. However, this doesn’t mean you’ll be able to file a class action lawsuit every time you’re involved in an accident.
For example, a fender bender in the grocery store parking lot probably isn’t going to turn into a class action lawsuit. On the other hand, if a commercial delivery truck causes a multi-vehicle accident in the parking lot, a class action lawsuit may be possible. Some of the common types of cases showing up as class action lawsuits include:
- Bad prescription drugs
- Product liability
- Defective Medical Devices
- Auto Defects
Financial cases such as predatory lending and securities fraud. If an employer isn’t following Illinois wage requirement laws, this can also be grounds for filing a class action lawsuit.
How Do I Get Started with an Illinois Class Action Lawsuit?
Getting started with a class action lawsuit is the easy part. The hard part comes a bit later when you’re proving your accident case. The legal process is off and running as soon as you file a complaint in civil court.
Essentially, you’re filing a request to pursue compensation in a class action lawsuit. You’re also going to need to establish a few crucial facts:
- The class is so numerous that the joinder of all members is impracticable
- There are questions of law or fact common to the class
- The claims or defenses of the representative parties are typical of the claims or defenses of the class
- The representative parties will fairly and adequately protect the interests of the class
So, in simple terms, you must show that your class action lawsuit is a fair, efficient, and practical way of handling multiple claims against the defendant for essentially the same damages. If you can meet these requirements, Illinois is probably going to let your class action lawsuit move forward.
Is There an Average Timeline for Settling an Illinois Class Action Lawsuit?
Sorry, you can’t mark an expected finishing date on your calendar for a class action lawsuit. Every legal case is different. Some class action lawsuits are settled in a few months, others can take years.
The pre-trial motions alone can take months, especially if the defendant’s legal team is dragging its feet. The complexity of your case, along with the number of plaintiffs can also impact settlement timelines.
Should I Hire an Illinois Accident Attorney for My Class Action Lawsuit?
This is one of those times when you want to ignore most online legal ads claiming you can settle a class action lawsuit without an attorney. This is never a great idea, you’re going up a top-notch legal team. You need the same advantage. Besides, class action lawsuits are complicated and you also need a lawyer to represent you in court.