You may be eligible to file a Tylenol Autism ADHD Lawsuit / Acetaminophen Autism ADHD Claim if you or a loved one used Tylenol and/ or Acetaminophen during pregnancy, and your child was subsequently diagnosed with ADHD or Autism Spectrum Disorder.
Legal action is being strategized by our attorneys for Horizon Therapeutics’ failure to properly warn patients of potential hearing loss side effects.
You may be eligible to file a Tepezza Lawsuit if you or a loved one took Tepezza and subsequently suffered permanent hearing loss or tinnitus.
If you or a loved one took Elmiron and subsequently suffered vision loss, blindness, or any other eye injury linked to the prescription drug.
Contact the Elmiron Lawyers from TorHoerman Law.
Get a free online case evaluation and find out if you qualify for compensation instanly.
You may qualify to participate in a 3M Combat Arms Earplugs Lawsuit if:
Over 140,000 Exactech hip, knee and ankle implants have been recalled due to packaging errors that can lead to the breakdown of parts vital to the device’s function.
If you or a loved one suffered injuries from an Exactech implant device, you may be entitled to financial compensation.
You may be eligible to file a Hair Straightener Cancer Lawsuit if you or a loved one used chemical hair straighteners, hair relaxers, or other similar hair products, and subsequently were diagnosed with:
Get a free online case evaluation and find out if you qualify for compensation instanly.
Over one million people, who were present at Camp Lejeune (North Carolina) between 1953 and 1987, may have been exposed to toxic substances in the water.
The Camp Lejeune Contaminated Water Lawsuit can apply to you, a family member, or a loved one who lived at Camp Lejeune (North Carolina) and suffered health effects from the decades of water contamination that occurred.
Toxic chemicals in Aqueous Film-Forming Foam (AFFF Firefighting Foam) have been linked to numerous types of cancer, including:
AFFF Firefighting Foam lawsuits aim to hold manufacturers accountable for putting peoples’ health at risk.
If you have been exposed to Paraquat and diagnosed with Parkinson’s disease may be eligible to pursue compensation, and entitled to participate in the paraquat lawsuit.
Contact us today to see if you qualify for the Paraquat Parkinson’s Disease Lawsuit!
Get a free online case evaluation and find out if you qualify for compensation instanly.
Our firm is about people. That is our motto and that will always be our reality.
We do our best to get to know our clients, understand their situations, and get them the compensation they deserve.
At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.
Without our team, we would’nt be able to provide our clients with anything close to the level of service they receive when they work with us.
The THL Team commits to the sincere belief that those injured by the misconduct of others, especially large corporate profit mongers, deserve justice for their injuries.
Our team is what has made TorHoerman Law a very special place since 2009.
Get a free online case evaluation and find out if you qualify for compensation instanly.
The term “class action suit” is thrown around a lot. Maybe you’ve heard it in a late night TV advertisement, or you might have received a class action lawsuit notice in the mail.
While many people have heard the phrase, fewer understand the precise meaning or nature of these cases.
Whether you’re looking to take part in a class action, or you’re still wondering what a class action suit actually is — it’s important that you have the right information.
This article covers class action, how they work, and the purposes they serve.
This includes instances when a class action is appropriate, such as a bad drug lawsuit, and when to file.
Read on to learn the answers to these questions and more.
So what is a class action lawsuit?
Let’s look at the class action definition:
In class action, a number of people bring similar claims against a defendant.
The plaintiff is made up of a group of people who are represented by a single member of the group.
He or she serves as the class representative.
While the representative is the only person named in the case, any decision made applies to all other participating plaintiffs.
For example, when a group of lenders allegedly lost car owners’ titles, one man served as the named plaintiff to represent the hundreds of automobile owners who were affected.
Class actions leverage collective power to represent people who have been affected by the same harmful or unlawful actions by a single person or organization.
This helps to build a stronger case, and it lets courts manage lawsuits that would otherwise have too many individual plaintiffs.
They are common in cases involving defective products, predatory or unsafe business practices, and employment-related claims.
These are some common phrases you might here in regards to a class action:
Sometimes termed “named plaintiff,” this person files the claim and serves as a representative on the lawsuit for all other affected class members.
The class is the group of individuals who have been affected by the defendant’s actions.
Each participating individual in the case is a class member.
While the class members are not named in the lawsuit, any decision made about the lead plaintiff’s case applies to each class member.
In class action cases, the defendant is the individual or group who allegedly committed an unlawful or harmful act against the plaintiff class.
The steps of a class action include:
Class action lawsuit cases begin once a lead plaintiff files a claim against the defendant.
The plaintiff’s claim is made on behalf of all class members.
This claim is almost always made with assistance from a prosecution lawyer.
During this step, the plaintiff and his attorney often seek additional class members to help join and strengthen the case.
For the lawsuit to proceed, the plaintiff’s claim must be certified by the courts.
Certification requirements differ state to state, but generally they must meet the standards outlined below in the “Requirements for Class Action Lawsuit” section.
The defendant has the right to object to the motion for class action certification.
The discovery procedure is the pre-trial phase of the lawsuit in which both parties (the plaintiff and the defendant) and their representative attorneys gather information to strengthen their case.
Once the plaintiff has gathered evidence and submitted the claim, a resolution is made.
The two parties’ attorneys can decide on a settlement out of court.
If a settlement is not reached, it is likely that the case will go to trial.
After a resolution has been made, participating class members receive a notification of the resolution.
In these cases, participating members earn percentages of the total compensation.
These case results illustrate potential class action lawsuit rebates.
Class actions must meet a baseline of requirements before certification.
Class actions are governed by the Federal Rules of Civil Procedure Rule 23.
Knowing how to file a class action means understanding these case requirements.
Class action lawsuits are used when it would be impractical to handle each plaintiff’s claims in individual cases.
Local courts determine how many individual cases justify a class action lawsuit.
Each individual plaintiff’s case must be based on the same wrongdoing or harmful action allegedly made by the defendant.
The claim made by the case’s class representative must be consistent with the claims made by the other class members.
The lead plaintiff (the class representative) must provide sufficient, principled protection for all class members.
This means he or she has adequate representation by attorney and serves each class members’ best interests.
Class action lawsuit requirements can differ state to state, but most follow guidelines set by the Federal Rules of Civil Procedure (FRCP).
A comprehensive explanation of these requirements is covered by the Federal Rules of Civil Procedure Rule 23.
An attorney can help you better understand these preconditions.
The time it takes for a class action case to reach settlement is dependent on a variety of factors.
Some cases have been resolved in just a few months, while others have lasted nearly two decades.
Generally, most class action lawsuits are settled within two to three years.
Cases where a ruling is appealed often take longer.
Payouts in class action lawsuits vary on a case-by-case basis.
The lead plaintiff, also known as the class representative, usually receives a larger percentage of the case settlement than the other class members.
This is because he or she typically puts more time and effort into the case.
The court decides how much the lead plaintiff receives based on the individual’s involvement in the case, the overall settlement awarded to the entire class, and the injuries or damages the plaintiffs suffered.
Note that these steps and requirements differ for claims made against government agencies.
Understanding the class action lawsuit meaning might give you a general idea of the power of these cases.
While class action cases can be an effective tool for a group of plaintiffs, they’re not always the best legal option.
Let’s take a look at some of the positives and negatives of class action lawsuits.
Advantages of class action lawsuits include:
Class action lawsuits give plaintiffs more leverage in negotiations than if they tried to file a claim individually.
For example, 400 people affected by a company’s actions will make a greater case than one person fighting alone.
Class action cases often motivate the defendant(s) to settle to avoid needing to make individual payouts.
Class action cases let the class members split litigation costs and attorney fees.
This can also help them receive better restitution.
Class action lets courts handle multiple people’s claims under a single representative suit.
This increases judicial efficiency by reducing the number of cases in court.
Disadvantages of class action lawsuits include:
Class action lawsuits are complex.
They involve multiple plaintiffs and are frequently appealed.
Because of this, they often take a long time to reach settlement.
The statute of limitations can also differ for class action claims.
Class action gives multiple plaintiffs the power to act as a group, but each class member also gives up some power and autonomy.
The class representative and his or her lawyer are in charge of representing the whole.
This also makes it difficult to address individual needs, such as when compensation is needed in a personal injury lawsuit to address medical expenses.
Once an individual joins a class action suit, he or she cedes power to make an individual claim.
This is a major blow if the suit is not successful.
Class action lawsuits are an effective tool for multiple plaintiffs taking on an unlawful individual or organization.
These suits leverage collective power to help individuals make a greater case.
Unfortunately, they can also be hard to navigate.
A poorly planned case can end up hurting class members while taking away their right to sue independently.
While class action lawsuits might seem complex, having the right information and representation will increase your chances for success.
It is advised that you seek guidance from an experienced injury lawyer before joining or filing a class action suit.
Read on to learn more about how to effectively join and start a class action case.
Many people don’t even know they are eligible for class action lawsuit rebates and settlements.
Class action cases are common with defective products and false advertising claims.
Knowing where to find open settlements and how to join a class action lawsuit requires a bit of research.
The linked website contains lists of class action lawsuits that are pending and cases that are open to claims.
To find open claims, visit the Consumer Class Action Database and click on the “Open to Claims” button.
Open class action suits are all listed with the claim deadlines in underlined, large text.
Click on the claim’s deadline, and then you will be on the page with claim forms to input your information to receive your payment for the suit.
If you have any questions about claiming the settlement or rebate, a lawyer can help you better understand the process.
If you were harmed by the actions of an individual or group and those actions affected other people in the same way, you could be eligible to start a class action suit.
Before you begin, be sure that you have read the previous information and understand the criteria for a class action.
This includes being able to answer, “what is a class action suit?” and that you meet the case requirements.
Once you have established that you have a proposed class action case, contact an attorney experienced in class actions.
Be sure to (I think we have a ‘how to prepare for trial’ or something similar we can link) and, if possible, bring contact information of other affected individuals.
Your lawyer will evaluate the situation to help you determine if there is potential for a successful case.
This includes reviewing standards for class certification, contacting potential class members, and preparing documents for the discovery phase.
If your attorney believes a class action suit can be filed, he or she will draft a complaint in court.
Owner & Attorney - TorHoerman Law
January 30, 2018
TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.
TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.
All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.
I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!
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A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!
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