How to Start a Class Action Lawsuit

A class action lawsuit allows several petitioners to sue the same defendant. One individual representing a group of other plaintiffs ("the class") can file the lawsuit. Individuals have the right to opt out of a class action and retain their legal rights to file suit again at a later date. You can initiate the process to create a class action lawsuit, but you must hire legal counsel to carry out your case.

Instructions

1. Research the scope of your case. Visit free legal websites, blogs or support groups related to your lawsuit.

2. Hire an experienced attorney specializing in class action lawsuits or the area of law related to the issue in your lawsuit. For example, if you are suing an employer for injuries sustained at work or discrimination, you will need an attorney who handles employment or labor law. In addition, there are lawyers specializing in defective manufacturing, product liability and securities. Many attorneys work on class action lawsuits on a contingency basis, taking a percentage of the final settlement to recoup their fees.

3. Discuss with your attorney if your lawsuit has the potential of attracting other plaintiffs. If so, your attorney will work with partners and paralegals to find other potential plaintiffs. Law firms handling large class action lawsuits may encourage you to contact local media and your congressional representatives and government agencies to publicize your case.

4. File your complaint and a motion for class certification. To gain a successful ruling, you must prove to the court that you have a significant number of plaintiffs with similar experiences and all making the same allegations. Your attorney must handle motions, pleadings, depositions and discovery for your lawsuit.

5. Send notices to all potential plaintiffs of the class action suit. You (and your attorney) are responsible for doing this in a timely manner. The defendants must provide any names and addresses you request. Ask your legal team to publish your notices in national publications like The New York Times and The Wall Street Journal so you can reach more potential plaintiffs.

6. Give your attorney time to prepare your case for trial. Often, class actions are settled before ever reaching trial.

Tips & Warnings

• Interview several attorneys before choosing one to lead your lawsuit.

• Class action lawsuits can be time consuming and stressful. Most last many years before parties reach a settlement.

References

• Lawyers and Settlements: FAQ About Class Action Lawsuits
• MSNBC: How Do I Join a Class Action Lawsuit?
• Class Action: Class Action Information Center

Resources

• Class Action Lawsuit Attorneys and Information