How to File a Class Action Lawsuit in Washington State
Class action lawsuits allow litigants to file claims against an individual or entity as a group, the class, instead of filing several individual lawsuits. Filing a class action lawsuit helps to solidify a claim against the party and makes it more likely that plaintiffs will be able to reduce their legal fees; class action lawyers are more likely to defer their fees in exchange for taking a fixed percentage of any settlement award. However, class action lawsuits have a greater set or rules and requirements in comparison to a standard civil suit. In Washington, these are codified in the Superior Court Administrative Rule (AR) CR 23.
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Instructions
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Compiling a claim
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1
Collect initial evidence of the civil injury, estimated damages and culpability of the targeted party.
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2
Locate additional parties, or litigants with a similar claim against the party.
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3
Contact a class action attorney and present evidence of the injury.
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4
Ensure that the claim qualifies for a Class Action under AR Rule CR 23. Gather more members if necessary.
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5
Sign a retainer agreement with the attorney stipulating each litigant's responsibility and a fee schedule for the services rendered.
File the Class Action Suit
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6
Compile additional evidence of the injury and file a complaint with the Washington Superior Court, or Federal Court if applicable.
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7
File a motion to certify the class. Complete any discovery necessary to define the scope and estimated number of class members if necessary.
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8
Assign a representative attorney for the class and a primary claimant.
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9
Identify and notify all individuals that may be considered a member of the certified class. Include information as to the nature of the action, the class definition, class claims, venue, and time and manner for requesting exclusion from the class.
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10
Issue a settlement notice if applicable.
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Proceed to the discovery and pre-trial process.
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Tips & Warnings
Before a class action can proceed to trial, the members of a designated class are entitled to decide whether the assigned attorney and plaintiffs adquately represent the class. By contacting potential class members and garnering their support early on in the process, the filing parties can avoid costly and time-consuming conflicts later on.
While there are many advantages to joining a class action suit, the process can become long and drawn out. Individuals that wish to be excluded from the class, in order to pursue their own lawsuit or settlement, have a strict deadline to file for exclusion from the suit. Those that fail to file in time will have to prove that they were not given adequate notice.
