3 Tips In Utilizing Technology For Remote Legal WorkSeptember 28, 2020
The Future Lawyer Weekly Update – w/c 28th SeptemberSeptember 29, 2020
A class action lawsuit involves multiple personal injury cases against one entity or organization. The claimants amass more legal leverage due to the number of complaints regarding the same or similar injuries caused by the targeted defendant. These cases often have to do with an injury or harmful medical condition inadvertently caused by a defective product or drug. The company that distributed the injurious product will, then, be liable for damage caused to affected parties, usually in the form of compensation for medical costs.
For example, Elmiron, a drug used to treat bladder pain, was also found in numerous cases to cause severe eye damage and vision impairment. The drug wasn’t recalled despite multiple reported incidents of optical side effects, which set in motion a series of investigations and created a class action case for an Elmiron lawsuit attorney to bring against the offending entity, Janssen Pharmaceuticals.
Is A Lawyer Critical In Winning A Class Action Lawsuit?
Class action lawyers handle litigations and settlements of a variety of cases, such as the following:
- Medical malpractice
- Product liability
- False advertising
- Corporate fraud and misconduct
- Employee mistreatment or discrimination
- Breach of contract
The services of a class action attorney are essential for winning a personal injury case. Depending on the magnitude and nature of the case, there may be more than one attorney involved on both sides. The outcome of a personal injury lawsuit is contingent on other various factors, but especially on how well the case is prepared by an attorney, including investigation, supporting evidence, and other means of strengthening the case in favor of the claimants.
The desired outcome is a fair yet generous settlement regarding compensation for injuries or harm caused. The appointed attorney or legal team will go through steps to build a solid case that’s in the best interests of their clients, as well certify the case with the appropriate legal criteria, which include:
- The claimants being represented in the case have suffered the same or similar injuries caused by the responsible party
- The number of members or plaintiffs involved meets the minimum count required by law to qualify as a class action case
- The class is clearly defined by the members involved
- Class action is the most appropriate way of settling the claims and resolving the case for everyone involved, including plaintiffs and defendants
Once a case is certified by a judge, the class action attorney can, then, proceed with presenting the case. This can be a lengthy process that involves the following steps:
- Gathering Evidence
The evidence used in a case is crucial to the outcome, and the representing lawyer will carefully select what’s used as evidence based on its relevance and how to strategically present it to support the case. Evidence can be physical or testimonial:
- Documents and records
- Medical reports
- Photographic and video content
- Communication With Insurance Companies
When insurance companies get involved in injury cases, the legal representative of the injured party will handle communication with the insurance entity to settle disputes and reach agreements regarding policy coverage and financial compensation.
- Calculation Of Damages And Injuries Caused
Your attorney will need to estimate monetary cost of damages based on medical and treatment bills and receipts, or any affiliated expenses, including loss of wages. Other non-monetary damages can be emotional distress, pain, and suffering, and your lawyer will have to justify these with legal strategies to substantiate the claims.
- Settlement Demand Packet
Once the value and nature of the injury claims have been determined, an attorney will, then, proceed with a demand letter to summarize the damages and proportionate compensation. In some cases, insurance companies will get involved and receive documentation from class action attorneys regarding demands on behalf of the plaintiffs.
- Injury Settlement Negotiations
Unless settlement demands are immediately agreed to without any dispute, the representing lawyer will likely have to negotiate counter offers by the defendant to reach a final settlement that’s agreeable to both sides. This process can be long and drawn out, but a legal professional will try to expedite it as much as possible, while protecting the rights of the designated plaintiffs or claimants.
The final outcome of a case doesn’t only depend on the given circumstances and contributing factors, but also upon the efficacy of the class action attorney hired and the legal strategies implemented. Winning a lawsuit requires careful selection of the right attorney or law firm that has the appropriate experience and resources relevant to the case. Personal injury lawsuits can be very time-consuming and requires a lot of patience, as well as the expertise of a savvy and detail-oriented lawyer who’s capable of judiciously handling complex situations with a certain degree of persistence and finesse.